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Board recommends UDO amendment tightening definitions and spacing for CBD/vape/tobacco shops
Summary
The planning board recommended TA 2026-01 to revise the Unified Development Ordinance, clarifying primary vs accessory CBD/vape/tobacco shop definitions, adding a 1,000-foot separation rule between similar shops, a one-shop-per-parcel limit, and accessory-sales limits for gasoline- or grocery-primary uses.
The Mooresville Planning Board voted to recommend approval of TA 2026-01, a text amendment to the Unified Development Ordinance that revises definitions and use standards for CBD, vape and tobacco shops.
Staff presenter (Mr. Coley) said the amendment replaces the old 50 percent gross-floor-area threshold with clearer primary-use and accessory-use categories. Under the proposed changes, a primary CBD/vape/tobacco shop is defined by its devoted sale/display area, while accessory sales in gasoline-primary uses would be limited to no more than 5 percent of gross sales area. Grocery and convenience stores would be explicitly allowed to sell these items as accessory uses so long as they remain incidental and do not exceed the accessory threshold. The amendment would also prohibit indoor smoking lounges, ban outdoor displays, require a special-use permit for primary CBD shops in community commercial districts, limit one such shop per parcel and require a 1,000-foot separation between shops.
Board members asked whether the 5 percent figure referred to gross floor area or gross sales area; staff clarified it is gross sales area and that existing businesses would be grandfathered. Several members said the amendment tightens the prior, more subjective standard and noted the item is scheduled for the town board as well.
Mr. Mac moved to recommend approval; Ms. Temple seconded and the motion carried.
Next steps: The town board will consider TA 2026-01 at its next meeting; staff indicated they may correct a separate UDO typographical error while making the amendment.
