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Understanding Ordinance 3155 "Smoke Shop Ordinance"

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Understanding Ordinance 3155 "Smoke Shop Ordinance"

Overview

Ordinance No. 3155 was passed by Township Council on July 10, 2024. This new law amended Ordinance No. 3106 which introduced Smoke Shops as an Special Exception use in the the C-1, C-2, C-3 and C-4.  Below is a summary of the main changes enacacted by Ord. No. 3155:
  1. Changed the definition from Smoke Shop/Smoking Parlor to Smoke Shop, Tobacco Products, Hookah Bar and Cigar Lounge.
  2. Changed where smoke shops can be located. Specifically smoke shops are now only permitted in the C-2 and C-4. These districts can be located using the online zoning map.
  3. Changed how we define a smoke shop from 20% of the total merchandise to 15% of the retail floor area.
  4. Changed the proximity to other Smoke Shops from 500ft to 1,000 ft.
  5. Changed the proximity to public, private or Charter schools to 1,000 ft.
  6. Stricter Special exception requirements and punishments.
  7. Smoke Shop, Cigar Lounge and Hookah Bar signage is prohibited from from retail stores that have not been approved by Special Exception.
  8. Prohibiting electronic moving electronic signage devices advertising smoking products with the exception of approved or existing non-conforming Smoke Shops.
  9. Window Signage take up less than 25% of the window area or 75% of the window space must remain unobstructed.









Timeline and History

2023 - UDT Council asks Administration to review Ordinance No. 3106

February 2024 - Revisions drafted by Planning & Zoning Staff

March 2024 - Input from Department Heads & Staff

March 4, 2024 -  Presentation to Council Planning & Zoning Committee

April 17, 2024 - Presentation/Q&A at Council Meeting

May 2, 2024 - Community Feedback Presentation

May 3-6, 2024 - Community Feedback Online Survey

May 10, 2024 - New ordinance drafted by Township Solicitors amendments to Ord. No. 3106 becomes new Ord. No. 3155

May 15, 2024 - Survey Results presented and UD Council voted to advertise Ord. No. 3155

June 10, 2024 - Reviewed and recommended approval by the Upper Darby Township Planning Commission

June 13, 2024 - Public Notice was advertised in the Daily Times Newspaper

June 20, 2024 - Reviewed and recommended approval by the Delaware County Planning Commission

July 10, 2024- Public hearing on Ord. No. 3155 and then Approval of Ordinance No. 3155 by Council


Understanding the 15% Rule






Understanding Where a Smoke Shop is Permitted


1. In a C-2 (Red) Zoning District or C-4 (Brown) Zoning District



2. Prohibited within 1,000ft of a Charter, Public or Private School


3.  Prohibited within 1,000ft from an existing Smoke Shop