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ORANGE COUNTY <br />PLANNING BOARD <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: May 1, 2024 <br />Action Agenda <br />Item No. <br />SUBJECT: Unified Development Ordinance Text Amendment – Tobacco and Hemp Retail Use <br />DEPARTMENT: Planning and Inspections <br />ATTACHMENT(S): <br />1.Statement of Consistency <br />2.UDO Text Amendments <br />INFORMATION CONTACT: <br />Cy Stober, Director (919) 245-2592 <br />PURPOSE: To review and make a recommendation to the Board of County Commissioners <br />(BOCC) on Commissioner-initiated text amendments to the Unified Development Ordinance <br />(UDO) regarding use, regulation, and definition of “Tobacco and Hemp Retail” use. <br />BACKGROUND: At the February 6, 2024, meeting of the Orange County Board of <br />Commissioners, at the introduction of Commissioner Fowler, the BOCC directed the County <br />Attorney’s Office to provide a drafted UDO amendment to regulate the retail use of businesses <br />that primarily rely upon the sale of tobacco and hemp products. The intent is to limit exposure <br />of minors to such products, as well as ensure that they are not densely focused in any part of <br />Orange County. The County Attorney’s Office, basing proposed amendment language on <br />recently-adopted amendments to Wake County’s ordinances for similar purposes, provided <br />draft language to the Planning Department for review and presentation as an UDO <br />amendment. <br />Orange County is proposing to amend the UDO to: <br />1.Define “Tobacco and Hemp Retail” use; <br />2.Allow “Tobacco and Hemp Retail” as use in NR-CD zoning districts; and <br />3.Requiring that any such establishment be at least 1,000 feet from any of the <br />following: <br />A. Tobacco and Hemp Retail; <br />B. Schools, including: <br />Schools: Performing Arts, Sports, and Recreation, <br />Schools: Preparatory, <br />Schools: Technical, Trade, and Skill Training, and <br />Schools: Universities, Colleges; <br />C. Parks and Recreational Facilities; and <br />D. All Residential Uses <br />8 <br />88