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TEXT AMENDMENT REQUEST FORM
(Internal)
Development Services
420 McKinney Pkwy.
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fax: (910) 893-2793
Case: PLAN2608-0001
Staff: Sarah Arbour, Long Range Planner sarbour@harnett.org 910-814-6414
Planning Board: October 5, 2026 County Commissioners: October 19, 2026
Applicant Information
Applicant:
Name: Harnett County Development Services
Address: 420 McKinney Pkwy.
City/State/Zip: Lillington, NC 27546
Phone: 910-893-7525, x2
Type of Change
New Addition Revision
Ordinance: Unified Development Ordinance
Article: V. Sections: 1.2; 7.6.7
Article: XIV. Section: 2.2
Proposed Text:
ARTICLE V. USE REGULATIONS
1.2 Table of Use Types & Regulations
IND L I COMM O&I CONS RA-40 RA-30 RA-20R RA-20M PARKING USE GROUP LEVEL BUILDING CODE CLASS Retail Services
Convenience Stores & Convenience Type Business
Establishments P* P* P* P
* S* S* S* S* 1 per 150 sq. ft. 3 M
Grocery Store S P P S S S S 1 per 200 sq. ft. 3 M
Flea Markets, Rummage, Second Hand Sales &
Activities, Indoor & Outdoor P* S* S* S* 1 per 300 sq. ft. 3 M
Nursery, Retail P P S S S S 1 per 500 sq. ft. 3 M
Retail Sales (entirely within an enclosed building) P* P* P* 1 per 300 sq. ft. 3 M
Retail Sales, Outdoor (primarily outside of an
enclosed building) P* P* P* 1 per 2 employees (largest shift)
OR 1 per 500 sq. ft. 3 M
Shopping Center P* P* 1 per 200 sq. ft. 3
Sexually-Oriented Business (bookstore, motion
picture, nightclub) S* 1 per 300 sq. ft. 4
Tobacco, Vape, CBD, Hookah, and Similar
Establishments CZ* 3
Note: P- Permitted by Right S- Special Use Permit via the Board of Adjustment CZ- Conditional Zoning
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7.6.7 Tobacco, Vape, CBD, Hookah and Similar Establishments
A. Shall not be located within 1,000 feet, measured property line to property line, from a school (public or private),
church, childcare facility, community center, recreational facility, park, or hospital.
B. Shall not be located within 1,000 feet, measured property line to property line, from another Tobacco, Vapor,
CBD, Hookah, or similar establishment.
C. Shall not be located within 100 feet, measured property line to property line, of any parcel used for residential
purposes or located within a residential zoning district.
D. The required site plan shall meet all applicable County standards to include all land uses within 1,500 feet,
measured property line to property line, from the parcel proposed for hookah, tobacco, vape, and similar
establishment use.
E. All Federal, State, and local laws, rules, and regulations must be adhered to in the operation of such
establishments. This includes regulations pertaining to advertisements, age restrictions, and the legality of
products sold.
F. In accordance with N.C.G.S. § 160D-601(d), this provision does not apply to Tobacco, Vapor, CBD, Hookah,
and similar establishments that are legally existing on the effective date of the enacting ordinance codified in this
section and such uses may continue to operate, expand, and/or renovate, subject to the other requirements of
this Ordinance.
ARTICLE XIV. DEFINITIONS & CERTIFICATIONS
SECTION 2.0 GENERAL DEFINITIONS & ACRONYMS
2.2 General Definitions
Tobacco, Vape, CBD, Hookah, and Similar Establishments
A specialized retail establishment used primarily for the sale, storage, or consumption of tobacco products, electronic
smoking/vaping, devices, Kratom, CBD hemp derived Delta-8, and related accessories. These products may include, but are
not limited to, cigarettes, cigars, pipe tobacco, vaping devices, e-liquids, and vaping accessories. This definition does not include
bars, nightclubs, or other establishments allowing onsite consumption of tobacco, or grocery stores, convenience stores, or
similar retail uses that sell tobacco products or tobacco paraphernalia as an ancillary sale.
Reason for Requested Change
As directed by the Board of Commissioners, Development Services and Legal & Risk Management
Department staff researched and prepared a text amendment to establish a new use type for tobacco,
vapor, CBD, hookah, and similar establishments, a definition, and use-specific regulations. Currently, the
Harnett County Unified Development Ordinance does not identify these establishments as a distinct use,
which creates a need for clear and consistent zoning regulations addressing where and under what
conditions these establishments may operate.
While North Carolina law preempts local governments from regulating the sale, distribution, display, and
promotion of tobacco products, it does provide local governments with the authority to regulate land use
through zoning. The proposed text amendment would establish clear zoning regulations for these
establishments while remaining within the County's authority to regulate land uses.
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Suggested Statement-of-Consistency: (Staff concludes that…)
The requested Text Amendment is compatible with Harnett County regulatory documents and enhances
public safety. Therefore, it is recommended that this Text Amendment request be APPROVED.