Board of Commissioners Agenda Item Transmittal Form Ordinance Transmittal Form GEONs Type of Request: County Clerk Use Only nitiation of Text Amendment 2025-03 - 2nd Reading ofOrdinance Ordinance #: Submission information Information Contact Name: Summary of Request: Denise Tugman/Lashawn Gardiner Initiation of UDO Text Amendment 2025-03 to amend Section 106-1 to add Vape Stores to Department: definitions, to amend Section 218-1 to add Vape Planning & Development Stores to the Table of Permitted Uses and create standards of use and development that will apply to the use. Department Director/Elected Official Chief Operating Officer Signature Signature I have reviewed the attached, and it is approved as to Ihave reviewed the attached, and it is approved for processing. substance. Signature: Lashaws Gandisen Date: 3/28/25 Signature: Date: Director of Government Affairs/County Clerk County Attorney Signature Signature Ihave reviewed the attached, and it is approved as to form. Ihave reviewed the attached, and iti is approved for processing. Signature: Date: Signature: Date: Notes and Comments: February 18, 2025: First Read, Work Session February 25, 2025: First Read, Voting Session March 13, 2025: Planning Commission Meeting March 27, 2025: BOC Zoning Public Hearing April 08, 2025: Second Read, Voting Session 29x-n1 Ordinance No. Case No. TEXT2025-03 AN ORDINANCE TO AMIEND THE TEXT OF SEC. 106-1 (DEFINITIONS), SEC. 218-1 (TABLE OF PERMITTED USES), AND SEC. 218-13 (STANDARDS OF USE AND DEVELOPMENT) OF THE UNIFIED DEVELOPMENT ORDINANCE OF ROCKDALE COUNTY, GEORGIA, AS AMENDED, ADDING VAPE STORES TO THE DEFINITIONS SECTION, ADDING VAPE STORES TO THE TABLE OF PERMITTED USES, AND ADDING SUPPLEMENTAL REGULATIONS RELATED THERETO; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. WHEREAS, Title 2, the Unified Development Ordinance of Rockdale County (Subpart B - Planning and Development ofThe Code of Rockdale County, Georgia), as amended, governs land use and zoning; and WHEREAS, Section 106-1 of the Unified Development Ordinance provides definitions of uses, and Vape Stores are not currently defined in the section; and WHEREAS, A Vape Store shall be defined as any business whose principal product line for retail sale is alternative nicotine products, vape juice, or vape products. For the purposes of this chapter, "principal" shall mean that aiternative nicotine products, vape. juice, or vape products constitute at least 25 percent of the business's aggregate retail sales; and WHEREAS, Vape Stores will be subject to supplemental regulations to be found in Sec. 218-13 (mmml); and WHEREAS, the County has experienced a proliferation of Vape Stores, and the intent is to; (a) In all zoning districts of the County, vape stores are considered objectionable and are prohibited. (b) Any existing vape stores shall be declared to be legal nonconforming and shall be regulated as set forth in Section. WHEREAS, public hearings were held following public notice and all other requirements of Sec. 238-4 of the Unified Development Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Rockdale County, Georgia, and it is hereby ordained by the authority of same as follows: Section I That Section 106-1 entitled "Definitions" is hereby amended by enacting the following: Vape Stores: A Vape Store shall be defined as any business whose principal product line for retail sale is alternative nicotine products, vape juice, or vape products. For the purposes of this chapter, "principal" shall mean that alternative nicotine products, vape juice, or vape products constitute at least 25 percent of the business's aggregate retail sales. Page 1 of3 Ordinance No. Case No. TEXT2025-03 Section II That Section 218-13 Standards ofUse and Development Article III Supplemental Use Standards (Subpart B Planning and Development) ofthe Code ofRockdale County, Georgia, as amended, is hereby amended to add Paragraph (zz3) "Vape Stores", 3 which new paragraph shall read as follows: (a) In all zoning districts oft the County, vape stores are considered objectionable and are prohibited. (b). Any vaping shop shall be declared to be legal nonconforming and shall be regulated as set forth in Section. Section II That all ordinances or resolutions, or parts thereof, in conflict with this Ordinance are hereby repealed. Section IV Should any court of competent jurisdiction declare any section of this ordinance invalid or unconstitutional, such declaration shall not affect the validity of the ordinance as a whole, or any part thereof, which is not specifically declared to be invalid or unconstitutional. Page 2 of3 Ordinance No. Case No. TEXT2025-03 This Ordinance shall become effective upon adoption. THIS DAY OF 2025. ROCKDALE COUNTY, GEORGIA BOARD OF COMMISSIONERS JaNice Van Ness, Chair & CEO Tuwanya C. Smith, Commissioner Post I Dr. Doreen Williams, Commissioner Post II Attest: By: Jennifer Rutledge, County Clerk Approved as to Form: By: M. Qader. A. Baig, County Attorney First Reading: Second Reading: Page 3 of3