Upper Darby, PA Cannabis Regulations: Buffer Zones (2026)
Key Facts
- School/day-care buffer
- 1,000 feet
- Dispensary-to-dispensary spacing
- 1,000 feet
- Grower/processor spacing
- 1,000 feet
- By-right district
- C-4 Commercial-Industrial
- Special-exception district
- C-3 (identical buffer)
- Added
- Ord. No. 3038 (2017)
- Zoning penalty
- up to $500/day, § 550-53G
Summary
Upper Darby's zoning code keeps medical marijuana dispensaries and grower/processor facilities 1,000 feet from every public, private and parochial school and day-care center, measured from the closest exterior wall to the closest property line. The C-4 Commercial-Industrial District permits these facilities by right subject to that buffer, and a second 1,000-foot buffer separates competing dispensaries and, separately, competing grower/processor facilities.
(1) A medical marijuana dispensary as defined in this chapter and as permitted and regulated by the Department of Health of the Commonwealth of Pennsylvania. (a) A medical marijuana dispensary facility shall not be located within 1,000 feet of any public, private and parochial schools and day-care centers. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the dispensary is located, to the closest property line of the protected district or use, regardless of the municipality in which it is located. (b) A medical marijuana dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary facility.
Full Breakdown
Chapter 550, § 550-24B, added by Ordinance No. 3038 in 2017 and amended by Ordinance No. 101 et seq. Both facility types must sit at least 1,000 feet from any public, private or parochial school or day-care center, with distance measured in a straight line from the facility building's closest exterior wall to the closest property line of the protected use, regardless of which municipality that protected use sits in. A dispensary must also keep 1,000 feet from the next-nearest dispensary, and a grower/processor facility must keep 1,000 feet from the next-nearest grower/processor facility, so the two use types are not cross-buffered against each other.
daily hours, a requirement that one-third of gross floor area be dedicated secure storage, and a ban on drive-through service, outdoor seating and outdoor vending machines. Because the C-4 buffer sits inside a permitted-use section rather than a special-exception standard, a C-4 applicant that clears the distance test does not need Zoning Hearing Board approval, while a C-3 applicant does.
Violations & Fines
A facility sited inside either 1,000-foot buffer cannot receive a Township zoning use permit under § 550-53B, and the Zoning Officer can deny or revoke a use and occupancy permit for a facility later found out of compliance. Civil violations of Chapter 550 carry a judgment of up to $500 per day plus court costs and attorneys' fees under § 550-53G, appealable to the Delaware County Court of Common Pleas. Losing the required Pennsylvania Department of Health permit is a separate state-level violation.
Frequently Asked Questions
How is Upper Darby's 1,000-foot school buffer measured?
Do the school buffers apply the same way in every Upper Darby district?
Can two dispensaries operate near each other in Upper Darby?
Sources & Official References
Other rules in Upper Darby
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