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Hampton council adopts zoning rules to define and limit smoke and vape shops
Summary
The council on Jan. 13 adopted ZOA 25‑0337 to define 'smoke or vape shop' as a distinct use, permit them only in C3 commercial districts with a use permit, and apply separation and operational standards; the Planning Commission's 1‑mile buffer was included in the adopted language.
Hampton City Council voted unanimously on Jan. 13 to adopt a zoning ordinance amendment (ZOA 25‑0337) that defines 'smoke or vape shop' as a standalone use, restricts the use to the C3 (general commercial) district, and requires a council‑approved use permit with operational and location standards.
Zoning Administrator Melvin Fulgham told the council the change would allow the city “to apply tailored regulations rather than relying on general commercial standards,” and staff recommended measures including parking requirements, permitted hours of 9 a.m. to 8 p.m., a 1,000‑foot separation from schools and daycare uses (staff initially recommended 0.5 mile between shops), and prohibitions on drive‑through services. Fulgham noted the proposal excludes establishments holding a Virginia ABC license and describes how the ordinance would address potential future legalization of retail marijuana.
During the public hearing Aaron Weaver, who supported the ordinance's intent, urged the council to verify data and clearly explain legal limits versus policy choices. He asked, “If 1000 feet is a policy decision, it should be described as such. If it's a legal maximum, the non privileged basis of that conclusion should be stated clearly for the public record.” Weaver also asked how existing businesses would be treated as nonconforming or grandfathered.
After the hearing, a council member moved to adopt the Planning Commission version of Section 3‑3, which increased the separation between smoke or vape shops to 1 mile; the motion carried on a roll‑call vote with all members recorded as voting aye. The ordinance was adopted as presented at the meeting.
