City's planning commission approves vape shop restrictions
May 13—MORGANTOWN — The Morgantown Planning Commission has given its blessing to a zoning text amendment that would prohibit any new tobacco /vape shops from opening downtown.
It's recommending Morgantown City Council do the same.
During its most-recent regular meeting, the commission voted unanimously to recommend passage of a zoning code change that would define the "smoke shop /tobacco store " use and restrict such uses to B-5 districts (shopping center) by right and B-2 (service business) by conditional use, meaning it would require the review and approval of the Morgantown Board of Zoning Appeals.
The city's downtown is zoned B-4 (general business).
Under the proposed ordinance, "smoke shop /tobacco store " would be defined as: Any premises that engages in the display, sale, distribution, delivery, offering, furnishing or marketing of electronic smoking devices, electronic smoking liquid, tobacco, tobacco products or tobacco paraphernalia.
Included in the proposed law is a provision that mandates smoke shop /tobacco stores must be at least 1, 500 feet from one another as well as schools or daycare centers.
The law differentiates between a smoke shop and grocery stores, supermarkets, convenience stores, drug stores (not including cannabis dispensaries) or similar retail that carries some of these items as ancillary sales.
Commissioner Tim Stranko said this change was initiated by city council to address "a problem we're suffering, " the proliferation of vape shops opening downtown.
"I think it's a great thing, " he said. "It doesn't have the public controversy that the location of gun stores has, but it's every bit, in fact, it's demonstrably more of a public health threat than the firearm sales."
City Attorney Ryan Simonton previously said the ordinance is modeled on similar laws enacted in Charleston, Huntington and Fayette County.
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