New vape shops banned near daycare and schools in James City
County also requires special permits for tobacco and hemp retailers in some zoning districts
The James City County Board of Supervisors recently voted to prohibit vape and smoke shops from locating within 1,000 linear feet of a child day care center or other schools. The new distance rule exempts shops and lounges already operating before July 1, 2024 and those with a valid state retail tobacco license.
The Planning Commission had recommended denying the change by a 3-2 vote, with some commissioners arguing that zoning should regulate land use and physical compatibility rather than target a specific legal product. The county’s Community Development Director, Paul Holt, told the board that the ordinance also changes how vape and smoke shops and lounges will be classified in certain parts of the county, including certain residential and business districts. He noted that staff paired the location restriction with an update to the permitted-use list in each affected district, so the two changes take effect together as a single amendment to the county code’s special regulations section.
The ordinance now classifies vape and smoke shops and vape and smoke lounges in certain parts of the County as specially permitted uses, meaning a business opening in one of those districts must obtain a special use permit. Staff said the change updates a classification first adopted in 2023, when the county separated vape and smoke shops and lounges from general retail and service stores in the zoning code.
Revisions to state law passed by the Virginia General Assembly in April 2024 opened the door to local restrictions. Local governments can now regulate where retail businesses may sell tobacco or hemp products intended for smoking. That change allows localities to require such stores to locate at least 1,000 feet from child day care centers and from public, private, or parochial schools. Similar rules are already in place in Richmond and Henrico County.
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