NEWS: More Control over Vape Shops And Cannabis Dispensaries Needed Says Williamsburg Staff
Plus, York County recently placed restrictions on sexually-oriented business, now James City County is considering following behind
Proposed zoning changes in Williamsburg are meant to close a loophole used by vape shops by expanding oversight to other uses such as grocery, convenience or drug stores, including cannabis dispensaries. At their meeting in May, the Williamsburg Planning Commission heard details from City staff about the changes, which would require a Special Use Permit (SUP) and meeting City-specified conditions to open. The potential zoning changes were tabled and will be discussed at a later date after staff incorporates feedback from Commission Members.
Loophole in current vape shop zoning
The City adopted zoning changes in 2022 to regulate vape shops that require these businesses to obtain an SUP, which includes steps like public notice as well as hearings with the Planning Commission and City Council. According to the City, owners of vape shops identified a way to circumvent the new code by stating the primary purpose of the business is a convenience store, which can be operated without special use permits in some parts of the City.
The City’s Planning Director Tevya Griffin related a recent situation that demonstrates why City planners think the new ordinance is necessary. According to Ms. Griffin, a business owner approached the City planners about opening a vape shop in a vacant convenience store. When the business owner was told an SUP was required, they instead filed an application as a convenience store, which didn’t need permission from the City and will likely proceed.
While the planning staff acknowledges that the proposed ordinance will create new regulatory hurdles for additional businesses, their review claims the new ordinance would allow the City to ensure that future businesses “are compatible to the character of the commercial area and will not detract from the surrounding residential communities.”
Determining what is and isn’t a vape shop
A point of discussion at the meeting concerned how a businesses’ primary purpose would be determined to be a vape and tobacco retailer rather than convenience stores that also sell these types of products. Ms. Griffin indicated that potential metrics could include reviewing the percentage of total sales that were for vape and tobacco products as well as looking at the amount of square footage a business has set aside for these products.
Based on current zoning, vape stores are subject to conditions set by the City on issues such as signage, lighting, parking and operating hours. These criteria would also apply to all convenience, grocery and drug stores seeking to open in the City. “I think what we’re trying to get to is to let people know that you can’t come in as a convenience store but really be a vape shop,” she said.
The new zoning would overlay existing zoning along several business corridors including Jamestown Road, Richmond Road, Monticello Ave, 2nd Street and Capital Landing Road.
Illicit activity found at some vape stores
At the meeting, Williamsburg Chief of Police Sean Dunn also spoke to the Commission Members about dangerous illicit activity found at local vape shops including a plethora of illegal synthetic drugs, as well as cannabis and psilocybin, the active ingredient in psychedelic mushrooms. Referring to some of the vape shops in the City, Chief Dunn commented, “It's been our experience that they want to sell drugs in plain sight … they want to appear legitimate, but they want to sell illegal narcotics inside of their place of business.”
Chief Dunn spoke about the dangers of many of the substances being sold at vape shops across the region, noting that one particular problem is selling these products to minors. “They utilize this and they have an insane intoxication … unlike anything else that they would have otherwise experienced.” At one point, he also pointed out that many investigations begin with complaints from concerned parents.
The Commission’s Chair, James Boswell followed up the Chief’s remarks with a question about how zoning changes could help law enforcement deal with problem vape shops. Chief Dunn replied that it was unlikely businesses looking to sell illicit products would want to proceed through a more rigorous review by City officials in order to obtain a special use permit. “Just having that process, I think will make it a little bit easier for us to manage these,” the Chief said.
Commission Member Marcia Liebel commented on her experience seeing the Williamsburg Police shut down a vape shop because of illicit activity. “I was walking by there when it was being raided, and people were sitting on the ground handcuffed. And that is not a look I think that I want to have in the City of Williamsburg.”
Cannabis dispensaries included in zoning change
The planning documents state "[s]taff is adding drug stores to the list of uses that will require a special use permit to regulate the siting of medical cannabis stores in the city," Griffin said. “As regulations regarding cannabis use and distribution continue to evolve, the City will be poised to consider uses on a case-by-case basis where appropriate."
James City County Planning Commission to consider restricting sexually-oriented businesses
The James City County Planning Commission will review proposed zoning changes that provide a definition of “sexually oriented businesses” and require these businesses to obtain a Special Use Permit (SUP) to operate in the County. The move by James City County comes after neighboring York County recently instituted similar regulations.
The James City County Board of Supervisors initiated the potential zoning changes back in February stating in a unanimous resolution that "public necessity, general welfare, and good zoning practice warrant the consideration of amendments to the Zoning Ordinance.”
The definition of sexually-oriented businesses being considered this week is seven paragraphs and totals more than 500 words, including definitions of adult store, adult media, adult novelty items, adult entertainment as well as specified anatomical areas and sexual activities. It also limits where these facilities can be located in the County.
Wording in the James City County zoning changes closely follows those adopted by York County. Among the information that will be presented to the James City County Planning Department is an “inventory” of adult themed businesses across the Hampton Roads region compiled by York County planners.
The summary of the proposed zoning changes includes details on the locations and types of adult oriented businesses in the region, such as:
Total sexually-oriented businesses by types
Adult novelty retail - 20 establishments
Adult entertainment venues - 19 establishments
Geographic distribution
Virginia Beach: 10 locations (25%)
Newport News: 8 locations (20%)
Portsmouth: 6 locations (15%)
Norfolk: 6 locations (15%)
Chesapeake: 6 locations (15%)
Hampton: 2 locations (5%)
Suffolk: 1 location (2.5%)
The Planning Commission will review the proposed sexually-oriented business zoning at their meeting tomorrow, June 4, 2025 at 6PM at 101 Mounts Bay Road.
A Google AI tool used to help research this article.
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