Zoning administrator: Jack in the Box drive‑thru requires special use permit; definitions to be updated
Loading...
Summary
City zoning administrator determined that a restaurant with a drive‑thru at the Jack in the Box site is not an automatically permitted use under current table of uses and therefore requires a special use permit or an appeal; staff said zoning definitions in Chapter 78 will be revised to reduce ambiguity.
At the March 4 meeting the City of Montgomery zoning administrator reported a determination that a restaurant with drive‑thru service proposed at the KHR Properties/Jack in the Box location will require a special use permit because the combination “restaurant with drive‑thru service” is not specifically defined in the zoning ordinance’s table of uses.
The zoning administrator said restaurants are a permitted use in the applicable zoning district but that accessory drive‑thru service is not defined in Chapter 78’s table of uses; under the ordinance, uses not listed in the table require a special use permit. The administrator noted the applicant has the right to appeal the administrative determination and that the statutory appeal period is 20 days from the date of the administrative notice.
Staff and commissioners discussed that Chapter 78 lacks definitions for several modern uses (for example, drive‑thru, food‑to‑go and fast food categories) and that staff is working with the city’s contractor to update the ordinance and add missing definitions; a future Unified Development Ordinance (UDO) or ordinance amendment was raised as the appropriate vehicle to clarify definitions and reduce the need for special use permit determinations for well‑understood uses.
No final permit or variance was decided at the meeting; staff said the applicant may either appeal the administrative determination to the appropriate appeal body or apply for a special use permit while staff works on broader ordinance updates.
