City planner proposes zoning amendment to restrict smoke-shop paraphernalia in Chester

Paul Fritz, head of the Bureau of Planning and Zoning (introduced earlier in the meeting), presented a proposed zoning-text amendment to classify and restrict smoke shops and tobacco-paraphernalia sales in Chester's zoning ordinance. Fritz said he prepared a memo and a draft amendment for the planning commission and the committee and seeks county input before advancing the measure.

"What I was hoping to do today is just give you an introduction to a zoning amendment that we're proposing for smoke shops and tobacco shops," Fritz said, adding he would send a draft to the county and return to the committee with any county feedback.

What staff is proposing: Fritz said the draft would do two things: (1) create a defined land-use category for smoke shops and paraphernalia sales distinct from general retail, and (2) restrict how and where those uses may operate. Proposed controls include square-footage limits for mixed retail stores that sell paraphernalia, separation distances from schools, parks, daycares and similar institutions, and limits on proximity between like uses. Fritz said the county had supplied templates and examples from nearby municipalities such as Sharon Hill and Darby Borough.

Limits and legal constraints: Fritz noted the city cannot prohibit an otherwise-allowed use everywhere because of legal constraints similar to nondiscrimination and fair-use requirements; instead the draft targets specific districts. His staff's initial recommendation is to place the principal allowance in the MIC (Medium Industrial Commercial) zoning district and consider limited allowances in the Central Business District (CBD) with tight restrictions. "We're using an example that Sharon Hill did, Darby Burrow, and I think you just, I think asked and just, approved something recently. So it's something Delaware County's highly familiar with and is a proponent of us doing this," Fritz said.

Enforcement and existing retailers: Committee members asked whether the amendment would affect existing stores that already sell paraphernalia in mixed retail contexts and how the city would enforce sales to underage customers. Fritz said the amendment would primarily prevent future permits that establish larger smoke-shop uses and would allow the city to require compliance when a current mixed-use retail operation exceeds proposed size thresholds. He said enforcement of existing retailers and underage sales may also involve state-level programs; staff will research enforcement avenues.

Public-safety concern and local anecdotes: Several committee members described public-safety concerns and anecdotes about youth access to vaping products and paraphernalia. One committee member cited recent instances of vapes containing fentanyl and said the concentration of paraphernalia near schools and parks created risks for children. Fritz said the draft amendment would include square-footage and distance limits to reduce easy access near sensitive sites.

Next steps: Fritz said he would circulate the draft to county planners, incorporate feedback, present a revised draft to the planning commission and return to the committee before the ordinance is forwarded to council for formal consideration. Planning commission members present at prior review were described as generally supportive.

Ending: No zoning amendment vote was taken at the committee meeting; staff plans to return with a revised draft after county review and public vetting.