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Residents raise alarm over vape shop by school bus stop; council to review lighting and consider setbacks for future shops
Summary
Neighbors complained about a newly opened vape shop at West Washington and North New Street—located at a school bus stop and near Saint Agnes—citing bright neon signs and light pollution. Staff said the use was allowed as a preexisting retail use but will check sign/code violations and explore drafting a distinct vape‑shop use with setbacks from schools/parks.
Residents told council that a newly opened vape shop at West Washington and North New Street sits adjacent to a school bus stop and is brightly lit with neon signage that neighbors say disrupts the residential block.
"It's a bus stop, a school bus stop. Children of all ages are directly in front of that store, wait waiting for their bus and then getting off their bus there," Mark Umile said, identifying himself as a neighbor at 316 North New Street.
Council explained the location currently operates as a permitted retail use that had continuity from a prior store, so it could not be retroactively excluded under current zoning. Staff said building and code officials were already reviewing signage and window coverings; one storefront window had been closed because it failed to meet visibility rules.
Solicitor and staff recommended a two‑track approach: (1) pursue immediate enforcement if signs or light levels violate current code, and (2) direct the solicitor to explore a zoning amendment that would treat vape shops as a distinct land‑use category and allow the borough to set setbacks from schools, parks and bus stops for future shops. The solicitor cautioned that any new restriction should be supported by evidence of a substantial government interest (for example, police reports or public‑health concerns) because use restrictions affect property rights and can be subject to legal challenge.
Why it matters: proximity of retail that sells nicotine or cannabinoid products to schools and bus stops raises concerns about youth exposure and neighborhood livability. The immediate enforcement avenue depends on whether the shop violates current signage or lighting rules; zoning changes would govern future locations.
What comes next: building/code staff will continue enforcement checks on signs and windows; council directed staff to route the light/policy pieces to Smart Growth and to ask the solicitor to draft potential zoning language for consideration by public safety and planning committees.
