(A) Location. The sale of Delta Products and/or Kratom shall not be permitted in any building or on any property located:
(1) Within 500 feet in any direction from any:
(a) Church, synagogue, or house of worship;
(b) Land or buildings owned by the Young Men's Christian Association of Raleigh, Inc. and used for or in connection with the camp for children known as Camp Sea Gull;
(c) Child day care or nursery school;
(d) Playground or public park; or
(e) School.
(2) Within 1,000 feet in any direction from a building or property where Delta Products and/or Kratom is lawfully sold.
(B) Nonconforming business selling Delta Products and/or Kratom. Any business lawfully selling Delta Products and/or Kratom on May 30, 2023, in violation of this section shall be deemed a nonconforming use. Any use which is determined to be nonconforming by application of the provisions of this section shall be permitted to continue for a period not to exceed one year. The nonconforming use shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If any nonconforming business selling Delta Products and/or Kratom is discontinued for a period of 30 days or more, the nonconforming use may not thereafter be reestablished. If, prior to the adoption of this section, two or more businesses selling Delta Products and/or Kratom are within 1,000 feet of one another but are otherwise in a permissible location under this section, the business which was first established and continually operating at its present location shall be considered the conforming use, and the later established business shall be considered nonconforming. A business lawfully selling Delta Products and/or Kratom under this section shall not be rendered nonconforming by the subsequent location of a church, synagogue, house of worship, child day care, nursery school, playground, public park, school, or an expansion of Camp Sea Gull.
(Ord. passed 2023, § 5)
2024 S-10