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Belmont staff withdraws proposed limits on vape/smoke shops after new state law expands down‑zoning protections
Summary
Staff advised, and council unanimously approved, withdrawing a proposed text amendment that would have limited vape and smoke shops to the Wilkinson Boulevard corridor after staff and planning board concluded North Carolina Senate Bill 382 restricted local down‑zoning authority and created legal uncertainty.
Belmont City Council voted Jan. 6 to withdraw a proposed zoning text amendment (TA‑20244) that would have restricted smoke and vape shops and cannabis dispensaries to the Wilkinson Boulevard (highway commercial) corridor.
Planning Director Tiffany Pharaoh told council that after review and discussion at planning board the staff concluded Senate Bill 382, enacted in late 2024, expanded protections for property owners by prohibiting certain down‑zoning absent the written consent of all affected property owners. Planning board unanimously recommended disapproval and staff recommended withdrawal until the legal implications are clear.
Tiffany said the bill's recent adoption and the breadth of its down‑zoning language made it difficult to craft a defensible local amendment at this time. "The law dramatically alters the authority for local governments to amend local zoning," a planning discussion in the meeting record noted.
Councilmember Jason moved to withdraw the text amendment; council approved the withdrawal unanimously. Staff said they will report back if legally viable alternatives are identified and remain open to revisiting the issue when state law or clarifying legal opinions provide a clear path forward.
Action: Withdrawal of TA‑20244 (motion passed unanimously).
