Egg Harbor Land Use Board Endorses Removal of Fast Food Restaurant Spacing Restriction

The Egg Harbor Land Use Board convened on February 17, 2026, to deliberate on several topics, the most prominent of which was the proposal to eliminate a city ordinance requiring a 1,000-foot separation between fast food restaurants. This decision is seen as a step toward promoting economic development and aligning with the city’s master plan.

The proposal to remove the fast-food spacing requirement sparked discussion among board members. Currently, the ordinance mandates a minimum distance of 1,000 feet between fast food restaurants, a restriction that is applicable only to the highway commercial zone, particularly areas near the White Horse Pike. The board examined whether this regulation serves a relevant planning purpose today, given its origins in a period with less advanced urban planning and site engineering knowledge. Many members felt that the rule has become a hindrance to development, causing potential investors to reconsider due to the costs associated with obtaining variances.

A memorandum presented during the meeting highlighted sections of the city’s master plan, arguing that the ordinance is outdated and inconsistent with current economic objectives. The board discussed the practical implications of removing the spacing requirement, including potential impacts on traffic flow and site access, especially in relation to existing agreements that dictate traffic management. There were also concerns about how easily new establishments could integrate into the current infrastructure, particularly on narrow lots where compliance with the existing rule is challenging.

The board addressed whether fast food establishments like Wawa would be affected by the current ordinance and considered the possibility of new property ownerships that might benefit from the proposed changes. There was general agreement that the ordinance appeared to have been implemented for political rather than planning reasons. Concluding this part of the meeting, the board voted on a resolution to recommend that the city council act on removing the spacing restriction, with unanimous support from those present.

In another discussion, the board reviewed the status of the Acme site, which remains underutilized despite a new redeveloper’s interest in cannabis cultivation. While no formal proposals have been submitted, the board acknowledged the challenges in attracting developers to the parcel, compounded by private ownership and recent rule changes affecting reconstruction, particularly in stormwater management. The current owner, Jim Mallion, is under contract with another group, though specifics remain unclear. The board emphasized that any new development would require site plan approval, given the property’s history as a potential used car dealership.

The board also touched on safety concerns related to a problematic fence at the Inklings property. The fence frequently falls down, posing a safety hazard. Members discussed the potential for more permanent solutions, such as installing guardrails, and expressed frustration over the temporary nature of current repairs despite the city administrator reportedly addressing the issue.

Further discussions included updates on cannabis projects within the city, with one approved on Atlantic Avenue but still undergoing revisions to meet compliance requirements. Another project in the industrial park has stalled and may be up for sale. Additionally, the board noted issues with Trucky’s cultivation status, as doubts linger over whether all necessary permissions have been secured, potentially prompting city investigations.

Lastly, the meeting covered recent demolitions of three buildings, including two on Cincinnati Avenue and the Old Harbor Tavern. These actions are part of a city initiative, although the owner had requested to handle the demolitions independently. The board also inquired about the St. Nicholas property, which is back on the market after two years under contract. Concerns about asbestos and lead paint were discussed, as well as previous development proposals for the site, which included potential assisted living facilities and high-density housing.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
Lisa Jiampetti
Land Use Board Officials:

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