Brookhaven adopts smoke‑shop zoning limits, requires conditional‑use review and 1,000‑foot buffers

Brookhaven Borough Council held a brief public hearing and adopted an ordinance on June 2 that defines "smoke shops" in the zoning code, permits them only by conditional use in C1 and C2 commercial districts, and establishes 1,000‑foot buffers from other smoke shops and from schools.

Solicitor Jay Wills introduced the ordinance and explained that Section 609 of the Pennsylvania Municipalities Planning Code requires a public hearing before council votes on zoning amendments. The solicitor said the borough currently has five lawfully operating smoke shops; because the ordinance is prospective, it would not force existing shops to close but would govern future applications.

The ordinance makes three principal changes: (1) it defines smoke shops as a distinct use; (2) it requires a conditional‑use hearing before council for new smoke‑shop permits in C1 and C2 districts; and (3) it prohibits locating any new smoke shop within 1,000 feet of another smoke shop or within 1,000 feet of any school as defined in the borough zoning code. During the hearing council members clarified that the school buffer applies to the code’s definition of "school" and does not automatically include day‑care centers unless the zoning definition covers them.

Councilman Dan Burke moved to open the public hearing and later moved the adoption; the motions carried. No public speaker testified in opposition during the brief hearing. Council members framed the ordinance as consistent with actions taken by other Delaware County municipalities and said it was intended to limit retailers that market predominantly to young people.

Ending: The ordinance was adopted at the June 2 meeting and will guide council review of any future smoke‑shop applications; existing smoke shops were not affected by the new rule.