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Abington amends zoning to restrict vape shops; public hearing notes state-law limits on outright bans
Summary
After a public hearing, the township adopted Ordinance 22-25 to add specific use-category provisions for tobacco/smoke/vape shops in the zoning code; the solicitor said the township may regulate locations but cannot ban a lawful use entirely.
The Abington Township Board of Commissioners opened a public hearing Feb. 13 and then adopted Ordinance 22-25 to amend the township zoning code to add a use category for "tobacco store/smoke shop/vape shop" and to restrict where that use may locate in the township.
The hearing included public comment from residents who said they are concerned about the number of vape shops visible along commercial corridors and the ease with which minors can obtain vaping products. Adele Cubell, who spoke at the hearing, said the township has "at least 30 vape shops" in or near Abington and urged limits on new locations: "No more vape shops," she said.
Solicitor Clark explained the legal constraints facing local governments considering restrictions on tobacco and vaping retailers: "The selling of these products ... is regulated by the state and ... the federal government. You are not permitted to completely ban a lawful use. You have to make provisions in your zoning code for a lawful use to be allowed at least somewhere within the township. You are allowed to have reasonable regulations regarding how they operate, where they can go." He said the draft ordinance was written to be the most permissible restriction likely to withstand legal challenge.
Commissioners expressed support for action to limit new vape shops in sensitive areas, noting concerns raised by parents and school staff. Commissioner Laney Martin said she had received multiple constituent calls and called the ordinance "a huge public concern in Abington."
After public comment and solicitor remarks, the board voted to close the hearing and then to adopt Ordinance 22-25. The vote carried with affirmative voice votes and no recorded opposition. The ordinance will amend Article XXI (use regulations) and related parking and comprehensive-use matrix sections to add the new use category and applicable location restrictions.
The solicitor and several commissioners emphasized the ordinance's regulatory (zoning) approach rather than an outright prohibition, noting the township's need to align with state and federal laws governing tobacco and vape product sales.
The board adopted the ordinance and moved on to other agenda items.
