TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning & Zoning Division Manager
Craig M. Harmon, CZO - Senior Planner
DATE: April 22, 2024
RE:
Title
Administrative Report for a Potential Text Amendment to Chapter 30 Regarding Tobacco and Hemp Retail
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal 2: Responsible City Government Supporting a Diverse and Viable Economy
Objective 2.4 - Sustain a favorable development climate to encourage business growth
Goal 3: City Investment in Today and Tomorrow
Objective 3.2 - Manage the City's future growth and strategic land use
Executive Summary:
City Council is asked to receive information from staff regarding a potential text amendment to the Unified Development Ordinance for the regulation of tobacco and hemp product retail based on a Cumberland County Ordinance.
Background:
At the January work session, a council request was approved directing staff to review a proposed text amendment by Cumberland County related to the retail of tobacco and hemp products. Cumberland County Commissioners passed their text amendment on January 16, 2024.
The potential amendment listed below mirrors the text that was adopted by the Cumberland County Commissioners.
Issues/Analysis:
The first step in bringing a proposed amendment before City Council is to have it reviewed, modified and recommended by the City’s Planning Commission, following City policies and State Statutes as shown below. The Commission is an integral part of any text amendment process.
According to section160D-301 of the North Carolina General Statutes:
(a) Composition. - A local government may by ordinance provide for the appointment and compensation of a planning board or may designate one or more boards or commissions to perform the duties of a planning board. A planning board established pursuant to this section may include, but shall not be limited to, one or more of the following:
(b) Duties. - A planning board may be assigned the following powers and duties:
(3) To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.
Development Services Staff has prepared the following text amendment for consideration:
Tobacco and Hemp Retail
• The site of the establishment must be located at least 1,000 feet, measured in a straight line from property line to property line, from the site of any other Tobacco and Hemp Retail establishment that exists or has been permitted.
• The site of the establishment must be located at least 1,000 feet, measured in a straight line from property line to property line, from any of the following uses: schools (public, private, elementary or secondary), day care facilities, group homes, public parks, group quarters (halfway house), or residential habilitation support facilities.
• There shall not be more than one use subject to these standards on the same property or in the same building, structure, or portion thereof.
Tobacco and Hemp Retail means the principal sales and/or distribution of:
• Any product that contains tobacco or nicotine, irrespective of whether the nicotine is tobacco-derived or synthetic, and is intended for human consumption, as defined by G.S. § 14-313(4). As used in this subchapter, "tobacco product" includes but is not limited to: cigarettes, cigars, pipe tobacco, electronic cigarettes, hookah, smoked or vaped tobacco substitutes, chewing tobacco, snuff, snus, dissolvable tobacco products, and heated tobacco products. “Tobacco product” does not include nicotine replacement products approved by the USFDA for treatment of tobacco use and dependence.
• Any product that contains tetrahydrocannabinol (THC), irrespective of whether the THC is hemp derived or synthetic. Products that contain no greater than .3% THC are exempt.
• Any product that contains Mitragyna speciosa, commonly known as kratom.
• Any electronic device that delivers nicotine, THC or other substances to the person on inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, vape, or electronic hookah.
• Tobacco and hemp retail shall also mean any person who primarily sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia.
These uses will be allowed in the Neighborhood Commercial, Limited Commercial, and Community Commercial districts.
Budget Impact:
None at this time
Options:
1)Receive the Administrative Report
2)Do not receive the Administrative Report and provide additional guidance to staff.
Recommended Action:
The Professional Planning Staff recommends that Council move to receive the Administrative Report.
Attachments:
PowerPoint