Sharpsburg attorney says food in store no zoning violation

March 04, 1997


Staff Writer

SHARPSBURG - The mayor of Sharpsburg did not violate town zoning laws by operating a "fast-food" service, Town Attorney Charles Wagaman said Monday night.

Mayor George Kesler's Sharpsburg General Store cannot be considered a fast-food restaurant because it isn't a restaurant, Wagaman said.

The store, which sells mostly food and groceries, also sells carry-out.

Kesler had asked Wagaman to review a zoning complaint by former Mayor Ron Milburn concerning the general store as well as other zoning complaints involving Town Council members.

Milburn had questioned why Kesler was allowed to run a "fast-food" operation when a zoning request made last November to open a pizza and sub shop in a building owned by Milburn had been rejected.


Milburn also complained of satellite dishes in town that violated zoning laws, including one owned by a relative of Town Councilman Russ Weaver.

Large, medium and small satellite dishes technically violate zoning laws, Wagaman said. But Wagaman said he didn't know if it was the intent of the original law to include the 18-inch diameter dishes since they weren't popular when the law was created.

Wagaman said he asked the town's Planning Commission for an opinion on that matter.

He said he won't file any violation notices until he gets an answer from the planning commission.

On a separate zoning matter, a local restaurant owner removed a sign from Town Square last Thursday night.

The sign for the New Central Restaurant had been erected without a permit.

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