5_1_24 Planning Board Minutes - Laserfiche WebLink

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Approved 6.5.24 548 Lamar Proctor: If there's already a retail—because these places are generally part of a strip mall—if 549 there's already a strip mall but they don't have a vape shop, and we enact this, and now a vape shop wants to 550 come in, that whole parcel has to apply for a conditional zoning to allow that use. 551 552 Cy Stober: The property manager would need to be the applicant or the co-applicant, that's correct. I'll 553 also remind you that this is in the County's jurisdiction so the unincorporated areas of the County, not the 554 municipalities. And it doesn't regulate the incidental sales of any of these products, so a convenience store on 555 any North Carolina highway can sell these products as part of their inventory. Yeah, they can have Snicker bars 556 and beers and pork rinds and these, and we can't do anything about that. 557 558 Lamar Proctor: Electronic cigarettes and— 559 560 Cy Stober: Exactly. 561 562 Adam Beeman: That's not the majority of their sales. 563 564 Cy Stober: The principal sales. So, as a land use matter we cannot,and this is,there's a lot of case law 565 nationally and at the state level about this, is we have to regulate the principal use and there are, like you go back 566 to adult uses, you cannot have an adult use as an incidental use on a property, but it does inform the use of the 567 entire property, but for retail purposes you really would have to demonstrate that it's the primary purpose of that 568 store is to sell these products. 569 570 Lamar Proctor: I support this amendment because these shops are essentially selling marginally legal 571 items that—so I work in criminal law, so I see this where scheduled substances, Schedules 1-6, you get around 572 them by making analogs and various different things and that's what is sold at these places. I just say that for 573 what it's worth. 574 575 Beth Bronson: To be clear, there is no tobacco retail use regulation is what you're saying? 576 577 Cy Stober: Currently. 578 579 Beth Bronson: Yes. So, this will be tobacco and hemp retail, so anybody who was selling tobacco and not 580 hemp would also be subjected to the same ruling? 581 582 Cy Stober: Yes, so if we go back to the definition, it's retail. So, if it's any one of these three products. 583 584 Beth Bronson: Certainly, and I'm familiar with them and I'm familiar with these stores and the things that do 585 exist and to his point about how many already exist within these existing strip malls, it almost feels like a matter 586 of right for them to be able to exist because it's been allowed to be for so long, so I'm trying to—grandfathered in, 587 but again, if that business owner wanted to make any changes to that business or to that building they would not 588 be able to, they would have to come in and apply and every store would be affected. 589 590 Cy Stober: That's not entirely true. There are some liberties allowed for non-conforming uses, 591 especially if they're contained within the building at it is today, so you can make internal improvements,you can't 592 make additions, you can't expand the use, you can't make it more intense. But we're not stopping someone from 593 pulling a building permit and fixing their plumbing or making a fagade improvement or something like that. 594 595 Beth Bronson: Could they put a parking lot in? 596 597 Cy Stober: No.