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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: June 4, 2024 <br /> Action Agenda <br /> Item No. 5-d <br /> SUBJECT: Unified Development Ordinance Text Amendment — Tobacco and Hemp Retail Use <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Statement of Consistency Cy Stober, Director, (919) 245-2592 <br /> 2. Ordinance and Proposed UDO Text Amendments <br /> 3. Orange County Board of Health Letter of Support <br /> 4. Excerpt of Draft May 1, 2024 Planning Board <br /> Minutes and Signed Statement of Consistency <br /> PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations and <br /> public comment, close the public hearing, and consider action on Commissioner-initiated text <br /> amendments to the Unified Development Ordinance (UDO) regarding use, regulation, and definition <br /> of "Tobacco and Hemp Retail" use. <br /> BACKGROUND: At the February 6, 2024, Business meeting of the Orange County Board of <br /> Commissioners, Commissioner Amy Fowler petitioned to direct the County Attorney's Office to <br /> provide a draft UDO amendment to regulate the retail use of businesses that primarily rely upon the <br /> sale of tobacco and hemp products. The intent is to limit exposure of youth to such products, as well <br /> as ensure that they are not densely focused in any part of Orange County. The County Attorney's <br /> Office, basing proposed amendment language on recently-adopted amendments to Wake County's <br /> ordinances for similar purposes, provided draft language to the Planning & Inspections Department <br /> for presentation as a UDO 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. Require that any such establishment be at least 1,000 feet from any of the 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 />