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St. Mary’s County considers making gas stations, dollar‑style stores and vape shops conditional uses
Summary
County staff proposed text amendments to the Comprehensive Zoning Ordinance that would create new use types for small‑box discount stores and vape shops and change how new fuel‑sale, discount and vape businesses are approved—shifting them from ‘permitted by right’ to conditional uses, prompting mixed reactions at the public hearing.
St. Mary’s County officials presented a proposed ordinance that would amend zoning rules for fuel sales, create new use categories for small‑box discount stores and vape shops, and require conditional‑use review for new locations of those businesses.
Deputy County Attorney John Houser told the commission the change would move those uses from being permitted by right to conditional uses so the Board of Appeals could review unique site‑specific circumstances and apply additional standards. ‘‘The proposed ordinance takes our existing standards for fuel sales and then creates new use types out of the existing general use categories that vape shops and small box discount stores…fit into,’’ Houser said.
Houser said the draft does not ban these uses and would not render any zoning district newly permissive; it adds a layer of public hearings and two additional conditional‑use criteria: a finding of public need and a finding that the use will not disrupt the balance of land use or restrict land availability for other commercial uses. He added legally conforming, existing businesses would not be required to seek conditional‑use approval to expand.
Speakers at the public hearing were sharply divided. Attorney Chris Longmore, who represents Royal Farms, said the county already has standards and appeals practice that allow denial of incompatible proposals and asked for a grandfathering provision for projects already under review. ‘‘We have a growing community…and I don’t think that adding another layer of another hearing and another expense will really address the concerns that you have,’’ Longmore said, asking that projects in active review be protected.
Residents and community advocates urged stronger local controls. Marsha Greenberg said vape stores and gas stations have proliferated near schools and are ‘‘predatory’’ toward young people; Jim Pandarvis cited local counts—about 40 gas stations, 15 vape shops and roughly 20 discount stores—and urged protections so vape shops are not within walking distance of schools. Brandon Russell called the draft a ‘‘band‑aid’’ that will not address outdated zoning or the absence of town‑center master plans, warning the ‘‘public need’’ test can be satisfied by paid market studies.
County staff and commissioners emphasized options remain: the board can adopt the ordinance as written, disapprove it, or send it back for revision. The public comment period for written submissions remains open for seven days; staff will prepare a report to respond to comments and return the item to the board for decision on July 28.
The hearing included multiple requests from business representatives and residents for clearer grandfathering language, more precise metrics for measuring ‘‘overproliferation,’’ and guidance on how the new public‑need criterion would be applied. The commissioners did not vote at the hearing; they will consider the staff report and public input at their next meeting.
