Kinston Council adopts zoning rules to curb tobacco, vape, CBD and hemp shops

The Kinston City Council on May 19 unanimously approved text amendments to the city’s Unified Development Ordinance intended to curb the proliferation of tobacco, vape, CBD and hemp specialty retailers.

Planning and Code Enforcement Director Elizabeth Blount told the Council staff had studied similar rules in other North Carolina jurisdictions and recommended new definitions and use regulations to address more than 20 such establishments operating in or near the city’s jurisdiction. Blount said recent enforcement actions included a March 3, 2026 police operation that resulted in four arrests and seizures totaling about $2.3 million in cash and nearly 110 pounds of THC.

The adopted amendments: add a new category for specialized tobacco/vape/hemp/CBD retailers; redefine convenience stores to capture outlets that devote at least 5% or 500 square feet of floor area to tobacco-related products; and create a table of uses that generally requires a Special Use Permit for these specialty retailers in several commercial and industrial zoning districts. Supplemental standards include a 500-foot separation from any residential zoning district, and a 2,000-foot separation from schools, day cares, community centers, parks, religious institutions, libraries, family care homes and similar sensitive uses. The ordinance also bars new like establishments within 2,000 feet of an existing such business and treats existing businesses as legal nonconforming uses that may not expand beyond their current footprint.

During the public hearing, residents urged stronger action. Quarla Blackwell said the shops “proliferated rapidly” and urged more aggressive enforcement; Hinda Moore called for shutting down stores near schools and churches. Planner Jordan Kearney and Director Blount told the Council the rules are designed to prevent future proliferation rather than retroactively close every existing store.

Council discussion emphasized the legal limits municipalities face when regulating land uses. Blount noted state law prevents outright bans of uses, so the city must rely on zoning, separation distances and permitting requirements. Lester Lipford moved to approve the amendments and find they are consistent with the City’s Comprehensive Land Use Plan; Barbara Seaforth seconded the motion, which passed unanimously.

The ordinance becomes part of the Unified Development Ordinance and will guide future permitting and enforcement for tobacco-, vape- and hemp-related retail operations in Kinston.