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HomeMy WebLinkAbout2026-50 ORDINANCE AMENDING THE HC UNIFIED DEVELOPMENT ORDINANCE VAPEBoard ORDINANCE NO. 2026-50 AN ORDINANCE AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the article of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Harnett County Unified Development Ordinance Article V, Use Regulations, Section 1.2, Table of Uses and Section 7.6.7, Tobacco, Vape, CBD, Hookah and Similar Establishments; and, Article XIV, Section 2.2, General Definitions, shall be amended to read as indicated in "Attachment". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 19th day of October, 2026, and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS Duncan Edward Jaggers, Ch ' an ATTEST: Melissa Capps, Clerk Harnett County Board of Commissioners ATTACHMENT ARTICLE V. USE REGULATIONS e n rr+ 1_ _rrT__ O_ D.. .1„a:_. 0 PARKING W Q Ca �o Retail Services n Convenience Stores &Convenience Type Business ! P* P* P* P S* T S* S*y' S* 1 per 150 sq. ft. = 3 1 M Establishments ---t-----r ...... -- ........ -� _.---- - - S— S S 200 sq. ft. 3 M Store S P P S per --_ _ Groce ___— - - ---1 Flea Markets, Rummage, Second Hand Sales & _ p* - S* v S* S* 1 per 300 sq. ft. 3 M Activities, Indoor & Outdoor - P P S S S S per 500 sq. fr_- 3 M Nursery, Retail--- --- _-_-- -- - - _ - - - - - -_-.__--] P* P* ;_ P* = 1 per 300 sq. ft. 3 M Retail Sales(entirely within an enclosed buildin _-_ ___ ____ -_______ --------- Retai] Sales, Outdoor (primarily outside of an P* € P* P* 1 per 2 employees (largest shift) OR ]per 500 sq. ft. 3 M enclosed buildin _ — - _- - _ _Sho in Center P* -1 per 200 sq. ft.-- - 3 _ Sexually -Oriented Business (bookstore, motion S* 1 per 300 sq. ft. 4 ni�dub�----__--______._-___�_-._--;-----� - -- ------ - -----------�----------- - _— obacco, Vape, CBD, Hookah, and Similar —Tobacco, = CZ* 3 € Establishments € _-- _--- - - -' -----`--- -- --- ----------- ---- - ---- Note: P- Permitted by Right S- Special Use Permit via the Board of Adjustment CZ- Conditional Zoning 7.6.7 Tobacco, Vape, CBD, Hookah and Similar Establishments A. Shall not be located within 2,000 feet, measured property line to property line, from a school (public or private). B. Shall not be located within 1,000 feet, measured property line to property line, from a church, childcare facility, community center, recreational facility, park, hospital, or 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 and include all land uses within 2,000 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 Harnett County Board of Commissioners 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 Va a 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.