City of Oak Creek

Common Council Report

Meeting Date:  July 19, 2005

Item No.:        

Recommendation:  That the Council consider Ordinance No. 2358 amending Section 17.1402 of the Municipal Code regarding the definition of a drive-in or drive-through restaurant.

Background:  This proposed zoning text amendment to 17.1402 of the Municipal Code  changes the definition of Drive-in/Drive-through restaurant. The current definition of a drive-in/drive-through restaurant is as follows:

“A free-standing establishment used for the sale, dispensing or serving of food, refreshments, or beverages where customers may be served in an automobile and may eat and drink the food, refreshments, and beverages on or off the premises.”

The proposed text would read: A free-standing establishment used for the sale, dispensing or serving of food, refreshments, or beverages where customers may be served in an automobile and may eat and drink the food, refreshments, and beverages on or off the premises.  All drive-in/drive-through restaurants must also have indoor dining areas.”

This definition change would only allow drive-ins and drive-throughs if they were part of an establishment with an indoor dining area.  It would not allow establishments to have a drive through window if they did not provide an indoor dining area as well.

The Plan Commission has reviewed this proposed amendment, and has recommended that it not be approved.

Fiscal Impact:  The direct fiscal impact of this amendment is negligible. 

Prepared by: Doug Seymour, AICP Director of Community Development

Fiscal Review by: Beverly A. Buretta, CMC City Clerk