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Planning commission recommends ordinance to define fast‑food restaurants and drive‑throughs in Ocean View

Ocean View Planning and Zoning Commission · March 20, 2025
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Summary

The Ocean View Planning and Zoning Commission voted 4‑0 to recommend Ordinance P‑356, which would add definitions and special‑exception standards for fast‑food restaurants (including drive‑through and drive‑in uses), forwarding the draft to Town Council for two readings. Staff noted screening revisions and said parking credits will be handled in a separate ordinance.

The Ocean View Planning and Zoning Commission voted 4‑0 to recommend Ordinance P‑356, a draft amendment to the town’s land‑use code that would define ‘‘fast‑food restaurant’’ and add drive‑through and drive‑in uses as special exceptions in certain business and mixed‑use districts.

The ordinance, as presented by town planning staff, revises several code sections to set development standards for those uses and renumbers surgical centers for organizational purposes. Staff told the commission the draft includes housekeeping edits and three substantive clarifications at lines 63, 103 and 165 that add specificity on screening width and options for alternative screening when the Board of Adjustment finds them acceptable.

John Tenon, a resident of 76 West Avenue who spoke during public comment, said he had reviewed the draft and supported adoption. "I've read the ordinance, studied it pretty well and I believe it's in our best interest of the town to adopt such an ordinance to allow more diversity commercial in the area," Tenon said.

Ken, a town staff member, told the commission the department had received comments from Saul Ewing and from Mackenzie (legal counsel) and that staff was "not so inclined to make any changes to the mountable curb" as recommended in those comments. He added that the department had revised screening requirements in the draft and passed those revisions to the board and to Mackenzie for review.

Commissioners and staff clarified that the amendment would not itself approve any particular fast‑food business. "This is an ordinance revision — it does not mean that a fast‑food restaurant is being approved," a staff speaker said, explaining the change would create standards so future special‑exception applications can be evaluated against clear design and screening criteria.

The commission also agreed that potential revisions to parking‑space credits would be handled in a separate parking ordinance. Ken said the planning department would research parking requirements further and bring a separate draft if edits are needed so that any reduced parking provisions could be applied without requiring Board of Adjustment approval.

After discussion, a commissioner moved and another seconded to recommend the proposed amendment to Town Council as presented by planning staff. The commission voted 4‑0 to forward Ordinance P‑356; commissioners noted Town Council will consider the ordinance in two readings.

The commission adjourned following the vote.