Abington adopts medical marijuana zoning rules and eases process for construction on nonconforming lots

The Abington Township Board of Commissioners on Aug. 14 adopted two zoning ordinance amendments after public hearings: one defining where medical marijuana dispensaries and grower/processors may operate in the township, and another changing the rules for construction on legally nonconforming lots.

Solicitor Clark told the board that state law makes medical marijuana a permitted use in Pennsylvania and that, absent local zoning standards, “every piece of ground in the township could have a medical marijuana dispensary or the other aspects of medical marijuana.” The ordinance the board adopted (Ordinance No. 22‑32) restricts dispensaries to Business‑Commercial (BC) districts and permits grower/processors only in the SI district, and includes parking requirements. Clark said the draft was revised following recommendations from the Montgomery County Planning Commission.

Several residents urged stricter limits during the hearing. Joe Rooney said the ordinance seemed contradictory and told commissioners that “marijuana is a blight on every community.” Other commentors including Adele Cubell and Laura Lehman asked the board to use zoning powers to keep cultivation and dispensaries away from residential areas and schools; some asked for larger buffers or outright bans. Ross Abel and another caller spoke in favor, saying regulated dispensaries reduce illicit markets and provide safe, tested product.

After public comment and a motion to close the hearing, Vice President Matt Bahe moved to adopt Ordinance No. 22‑32; the motion was seconded and carried on a voice vote.

On a separate hearing the board considered an amendment to Section 19‑08 of the zoning code relating to nonconforming uses, structures, lots and signs. Solicitor Clark said the code currently requires a special exception (a zoning‑hearing‑board process) for any construction on nonconforming lots. The revised ordinance (Ordinance No. 22‑34) removes the special‑exception requirement but “reinforces that any development on the nonconforming lot must meet all other dimensional requirements” such as setbacks, height and impervious surface limits. Zoning hearing board member Steven Klein said the board had seen roughly 18 applications under the old rule in recent years and that those requests were routinely approved.

Public commenters raised concerns that removing the special‑exception step could allow development close to existing homes on very small or irregular “sliver” lots without neighbor notice. Laura Lehman urged commissioners to amend the proposal to require additional protections for extremely small lots or to defer the ordinance to allow time for modifications. Commissioners said the change applies to legally nonconforming lots of varying shapes and sizes and emphasized that the ordinance requires compliance with all other dimensional standards; Vice President Bahe and others said many tiny slivers physically cannot meet setback requirements.

After closing the hearing, the board voted to adopt Ordinance No. 22‑34 on a voice vote.

Votes at a glance (selected items from the Aug. 14 meeting): - Ordinance No. 22‑32 (medical marijuana zoning): adopted (voice vote). Motion moved by Vice President Matt Bahe; second recorded; outcome recorded as carried. - Ordinance No. 22‑34 (nonconforming lots): adopted (voice vote). - Ordinance adding a new Article 7 to Chapter 58 (sale of dogs and cats): adopted (voice vote). - Traffic safety ordinance: authorized for advertisement (stop signs and parking regulation changes) (voice vote). - Brosnan Fire Company floor replacement: bid awarded to Ambient Group LLC for $72,000; contract authorization approved (voice vote). - Authorization for letters of intent for three chassis refuse trucks: approved (voice vote). - Indemnification agreement with Plaza Unit Acquisition LP and Pavilion Unit Acquisition LP (drainage releases for the Abbotson Junktown Connections project): approved subject to solicitor review (voice vote). - Finance committee motion to approve June 2025 expenditures and payroll: expenditures $3,579,159.95 and salaries/wages $2,492,571.21; motion passed on roll call.

No roll‑call tallies were read for the two zoning ordinances; both passed by voice vote and were announced as carried.