The Boardman Zoning Board of Appeals will meet Tues., Feb. 20 when they are scheduled to have a hearing on issues at a Dairy Queen outlet at 6532 Market St.
      Among the matters that will be under consideration is a zoning permit that was issued in error on Dec. 20. 2021 for construction of the Dairy Queen.
      Boardman Township Director of Planning and Zoning, T.J. Keiran says the zoning permit “was issued in error because it approved a site plan that contained proposed improvements that do not comply with the developmental standards in Boardman Township’s zoning resolution.
      Keiran notes an audible electric device does not meet set back requirements, and as well the business does not provide an on-street loading site as required by the township’s zoning resolution.
      Keiran also says a drive-thru at the business cannot be considered as a “primary use” because zoning codes define a restaurant as “an establishment with table service whose principal business is selling unpackaged food and beverages to a customer in a ready-consume state, in individual servings, or in non-disposable containers, provided that no drive-thru window is permitted.
      “For the purposed of this definition, a restaurant shall not include any drive-thru or carry-out services, unless a drive-thru facility is permitted as an accessory use.”
      Keiran has identified several unresolved zoning violations at the Dairy Queen, including the following---
       •Unfinished landscaping (that includes cement debris);
       •Light pollution (parking lot lighting was approved at a height of 21-ft. and current parking lot light poles are some 30-ft. high);
       •No provision for a loading area; and
       •Unpermitted temporary signs that advertise menu items.
      Keiran suggests the business install a fence to lessen the impact of the business to surrounding, residential property owners.
      “The fence will help ensure the essential character of the neighborhood will not be substantially altered, and the adjoining properties will not suffer substantial detriment,” Keiran said.
      The Dairy Queen at 6532 Market St. is operated by Raymond and Christine Smith, of Canfield. They will be represented at the Zoning Board of Appeals hearing by Atty. Jason Rebraca who seeks a variance in setback requirements for the property’s drive-thru.Dairy Queen has been before the Zoning Board of Appeals on Sept., 2023 and Oct., 2023, without resolution to the issues raised by the Boardman Township Planning/Zoning Office.
      The hearing on the matter will be held at Boardman Township’s main fire station at Stadium Dr. and Market St., at 5:30 p.m. because the Government Center is temporarily closed for HVAC repairs.