A smoke shop on Township Line Road in Upper Darby. (PETE BANNAN-DAILY TIMES)
Upper Darby is the latest community to address smoke and vape shops.
Officials estimate that while there are 22 smoke shops in the township, another 40 to 70 convenience stores are acting like smoke shops with the amount of the products they sell.
At Wednesday’s council meeting Mayor Ed Brown said he has received a lot of questions about the shops, which like in other communities are increasingly enticing young residents.
Joshua Chast, assistant director of L&I for Planning and Zoning, gave a presentation that outlined changes to the existing 2021 ordinance to set zoning parameters for hookah bars and smoke shops/smoking parlors.
The goal is to increase clarity regarding definitions and measurements, revisit zoning districts that allow smoke shops by special exception, update special exception requirements, and strengthen signage requirements, Chast said.
Smoke shops are permitted in commercial business districts by special exception and have to go through the zoning board and meet requirements.
Chast said that over time a lack of clarity had appeared in the zoning that was being taken advantage of, one item being when a convenience store became a smoke shop and what is a smoke shop versus a convenience store.
Another issue was smoke shops and smoke parlors being lumped together and how to measure what is a smoke shop.
Plans in the works
Officials said there are five major changes they would like to make to the ordinance: Improve how a smoke shop is defined, revise the number of zoning districts that allow the shops by special exception, update those exceptions, add sticker signage requirements and also revisit the 300-foot rule.
Chast said they are moving away from a percentage of merchandise to a 15% square-footage system, and having smoking products take up more space than that would make it a smoke shop.
All tobacco products must be grouped together, and change the term “smoking parlor” to “smoking lounge.”
Officials would like to reduce the zones that allow shops by removing them from the C-2 and C-4 districts, such as along West Chester Pike.
They also want to extend the distance a smoke shop must be separated from another and from any school to 1,000 feet.
The administration also wants to limit signage to less than 25% of the window for signs and have no moving electronic signage. Temporary signs can only be in place up to 30 days.
Finally they want to remove a regulation that nail salons, beauty parlors or barbershops must be 300 feet apart, which they said is creating an unnecessary cost for businesses.
Discussion
Council member Meaghan Wagner noted there are a number of stores in her district, with some operating until 2 a.m.
She asked that the names of convenience stores that are being operated as smoke shops be sent to council members, so council members can make sure the list is up to date, and they can use it as an enforcement tool.
In answer to one council member about what other communities are doing about smoke shops, solicitor Sean Kilkenny referenced an ordinance recently passed in Haverford.
Officials estimated the changes will take a number of months before they can be approved.
Another item on the council agenda was the appointment of former Mayor Barbarann Keffer to the Historical Commission, which passed on an 8-3 vote.