Augusta’s Planning Commission backed a proposal Monday, Nov. 2, that would require vape shops to be at least 5,000 feet from schools, child care facilities, places of worship, public parks and recreation facilities, and other existing or approved vape-shop locations.
The recommendation would replace opening by right with a special-approval process. It does not put the new restrictions into effect. Planning and Development Director Adleasia Cameron said the code amendment would require two readings, according to the city’s recording of the meeting.
The measure is agenda item ZA-264, a proposed amendment to Section 26-1 of Augusta’s Comprehensive Zoning Ordinance. Its stated purposes include preventing excessive concentration of vape shops and controlling their location near other uses.
The distance would be measured between property boundaries
In the staff presentation, the proposed separation is a straight-line measurement between property boundaries. Five thousand feet is about 0.95 mile. It is not a driving-distance test or a measurement from one storefront entrance to another.
New qualifying locations would have to maintain that separation from existing vape shops and already approved vape-shop locations, as well as the protected facilities. Including approved locations means the proposed test would reach beyond storefronts already open for business.
Applicants would have to provide site and floor plans, business and operating information, and maps documenting nearby vape shops and protected uses. A distance requirement alone does not establish which parcels would qualify; that would require the relevant locations, property boundaries and other zoning restrictions.
Which businesses would count
Staff described a definition covering retail storefronts and wholesale distributors selling vaping products, whether or not those products contain nicotine.
Other retailers making incidental sales would meet the proposed floor-area threshold when at least 10 percent of their total retail floor area is devoted to displaying, selling, demonstrating or promoting vapor products or related accessories, according to the presentation.
That is a floor-area test, not a percentage of revenue. A business’s broader retail label would not by itself avoid the special-approval requirement in the designated zoning districts.
Existing businesses would receive more qualified treatment than a blanket exemption. Staff said lawful existing vape shops could continue under the applicable nonconforming-use provisions. Conversions, relocations and certain expansions would require new approval. The presentation did not specify which expansions would trigger that requirement. Business licensing, permitting and other applicable state and local requirements would remain in place.
A separate measure from the full zoning rewrite
The vape-shop amendment is moving separately from Augusta’s larger zoning rewrite. The same Nov. 2 agenda identifies the comprehensive update as ZA-263 and postpones it until the December meeting.
That distinction matters when comparing proposals. The Oct. 23 version of the full rewrite, in Section 4.4.51 on printed page 202, contains a different 1,200-foot separation provision and a different definition covering retailers of tobacco, vapor, consumable hemp and kratom products. Those provisions should not be substituted for the separate amendment planners considered Monday.
The debate follows concerns about a planned smoke shop near Glenn Hills Elementary. WRDW reported that the site drew objections because of its proximity to the school, while the stop-work order involved building without permits. The reported permit enforcement and the proposed zoning restriction address different issues.
At the start of Monday’s meeting, the chair identified Tuesday, Nov. 17, at 2 p.m. as the Augusta Commission date for zoning matters. Cameron’s reminder that a code amendment requires two readings leaves further action ahead. Residents and business owners should check the posted Commission agenda for the amendment’s placement and reading schedule.
For now, the documented action is a planning recommendation. Any final rules will depend on the language and action adopted by the Augusta Commission.
Source note: This report draws on the city’s agenda and recorded staff presentation. The complete proposed amendment text was not retrieved for review.