Vienna City Council discusses commercial property ordinances
VIENNA — Vienna City Council recently rejected a trio of ordinances aimed at the location of smoke and vape shops and exterior lighting on buildings.
Councilman Chris Mancuso brought the ordinances before council for first reading during the meeting on Thursday, March 23.
The first ordinance amended the definition of abandonment under Vienna Municipal Code 1333.05, Uses of Structures, paragraph “E.”
Mancuso said the goal of the ordinance was to clarify the definition to give Code Enforcement something to fall back on when enforcing city codes.
Councilman Jim Leach said the ordinances were not supported by him or the Planning Commission, on which he is the council representative. He said the ordinance did not follow state law, which says if a property is vacant for 12 months it is presumed abandoned. The ordinances are targeted toward the vape and smoke shops in Vienna, Leach said.
“But it is not our job as councilpeople to dictate what ideas entrepreneurs want to attempt to do and if it’s not a good idea, if it’s not a fit for our city, then it’s not going to go anywhere, and we’ve seen that happen time and again in the City of Vienna,” he said.
After Dairy Queen moved to 2710 Grand Central Ave., its previous location at 3400 Grand Central Ave. sat vacant for three years before Gold Star Tobacco and Vapor moved in, Councilwoman Kim Williams said. During that time, the site should have reverted from a commercial property to a residential property, due to its length of vacancy and because it is located in a residential zone, she said. The utilities were still paid during that time, which kept it from being considered abandoned.
The first reading of the ordinance failed 4-3, with Leach, Mayor Randy Rapp and Councilmen Roger Bibbee and Tom Azinger opposed.
The second ordinance was aimed at providing clear regulations for exterior lighting on commercial properties and addressing light pollution by creating consistency and efficiency, Mancuso said. It failed 3-3 with Azinger, Rapp and Leach opposing. Bibbee, who was participating via phone, got disconnected from the call and was not a part of the vote.
The third ordinance would have helped define and regulate the location of vape/smoke shops.
“This ordinance helps guide the direction and limitations of an age-restricted product that we want to avoid having near places where our youth currently exists in our schools and churches and neighborhoods,” Mancuso said.
The ordinance would have limited vape/smoke shops to operate in the C-1 commercial zoning district or as a non-conforming use in other zones. It also stated that no vape/smoke shops could be within 1,500 feet of places of worship, schools or child care facilities or within 1,500 feet of any other vape/smoke shops between 10th and 20th Street.
The first reading failed in a 3-3 tie, with Azinger, Rapp and Leach opposed.
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In Other Business…
* Vienna City Council unanimously passed a resolution authorizing the sale of personal property in an internet auction including a Milo Range Simulator, wood frame church chairs, heavy plastic blue chairs, metal folding tables, an auto mop, a floor burnishing machine and a Jeep Liberty.
* Council approved a resolution to appoint Garrett Holmes as the information technology director in Vienna.
* Council approved a resolution allocating $316,755 in American Rescue Plan Act funds from to the Vienna Utility Board for the completion of the 45th Place Water Main Improvement Project.
James Dobbs can be reached at jdobbs@newsandsentinel.com






