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40 <br /> 1 Cy Stober said the staff amendments were to change the definition for residential <br /> 2 development to make it simpler and reflect state law and to change the responsibility on UDO <br /> 3 compliance and issuance of a certificate of occupancy from Inspections to Planning. <br /> 4 Commissioner Richards said the rest is about statutory changes and the others were to <br /> 5 simplify and clarify. <br /> 6 Cy Stober said yes. <br /> 7 Commissioner Portie-Ascott asked if someone in a single-family home in a subdivision <br /> 8 with an HOA, would the HOA have more say-so in what is built or how the property is used. She <br /> 9 asked if a single-family home would be able to be changed to a duplex, triplex, or quadplex based <br /> 10 on these amendments. <br /> 11 Cy Stober said if local zoning allows that. He said there is usually a density restriction, <br /> 12 and single-family zoning is one home per lot, regardless of the size of the lot. <br /> 13 Chair Bedford said it is the order in which you apply the rules. <br /> 14 Cy Stober said yes, and then you would consider what the HOA covenants are, but zoning <br /> 15 would come first. <br /> 16 <br /> 17 A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to <br /> 18 open the public hearing. <br /> 19 <br /> 20 VOTE: UNANIMOUS <br /> 21 <br /> 22 PUBLIC COMMENTS: <br /> 23 There was no one signed up to speak. <br /> 24 <br /> 25 A motion was made by Commissioner Hamilton, seconded by Commissioner McKee, to <br /> 26 close the public hearing. <br /> 27 <br /> 28 VOTE: UNANIMOUS <br /> 29 <br /> 30 A motion was made by Commissioner McKee, seconded by Vice-Chair Greene, to <br /> 31 approve the Statement of Consistency as detailed in Attachment 4 and UDO Text Amendments <br /> 32 in Attachment 5. <br /> 33 <br /> 34 VOTE: UNANIMOUS <br /> 35 <br /> 36 d. Unified Development Ordinance Text Amendment—Tobacco and Hemp Retail Use <br /> 37 The Board held a public hearing, received the Planning Board and staff recommendations and <br /> 38 public comment, closed the public hearing, and approved Commissioner-initiated text <br /> 39 amendments to the Unified Development Ordinance (UDO) regarding use, regulation, and <br /> 40 definition of"Tobacco and Hemp Retail" use. <br /> 41 <br /> 42 BACKGROUND: At the February 6, 2024, Business meeting of the Orange County Board of <br /> 43 Commissioners, Commissioner Amy Fowler petitioned to direct the County Attorney's Office to <br /> 44 provide a draft UDO amendment to regulate the retail use of businesses that primarily rely upon <br /> 45 the sale of tobacco and hemp products. The intent is to limit exposure of youth to such products, <br /> 46 as well as ensure that they are not densely focused in any part of Orange County. The County <br /> 47 Attorney's Office, basing proposed amendment language on recently-adopted amendments to <br /> 48 Wake County's ordinances for similar purposes, provided draft language to the Planning & <br /> 49 Inspections Department for presentation as a UDO amendment. <br /> 50 <br /> 51 Orange County is proposing to amend the UDO to: <br />