BOARDMAN, Ohio - Boardman zoning officials met Tuesday to take up the complaints once again from some township residents who claim that a recently opened fast food drive-through is too close to their homes.

Neighbors continue to complain of excessive noise and light from the drive-through. While the former zoning director mistakenly permitted the drive-through too close to residential properties, the township noted other zoning violations, including the height of the ice cream chain's lights.

The homeowners of the home directly behind the business recently listed their home for sale. The township's zoning board chairman described the situation as, "very contentious" between all parties involved. 

The business owners, Ray and Chrissy Smith, are seeking a retroactive variance that would reduce the two-hundred-and-fifty-foot setback from a residential dwelling for a drive-through speaker to sixty-five feet.

The owners said they originally designed the building with the drive-through on the side of the restaurant, further away from the neighborhood.  The Smiths said the former Director of Zoning made them change it.

The township's current Director of Zoning noted other zoning violations, including the height of the ice cream chain's outside light fixtures and concrete concerns.

"There are several issues that need to be addressed," explained John Shultz, Chairman of the Boardman Township Board of Zoning Appeals. "We're considerate people and we respect our residents. We will endeavor to do what is best, not only for any businesses, but for the adjacent residents affected by this."

In July, the township ordered the Dairy Queen to close its drive-thru since it violates the zoning laws but that's been put on hold amid the legal battle. The Smiths said they need it to keep it open, claiming at least sixty percent of DQ’s business comes from the drive-through.

The dispute, which had its first hearing in mid-October, continued to provide both sides time to obtain cost estimates for potential improvements that may resolve the issues.

Dairy Queens lawyers requested a continuance in Tuesday's zoning meeting, which essentially draws out the timeline of finding a possible solution. It's been suggested the township would be financially responsible for installing a fence as another option.

Homeowners left the meeting frustrated, assuming more progress would be made.

"It would be appropriate to provide an additional opportunity for both parties to discuss and negotiate a resolution," explained Shultz.

The Smiths have said if they are not granted the variance, they plan to sue the township to keep the drive-thru open.

"There's either going to be a settlement presented or we're going to make a decision," Shultz said. "And whoever is not satisfied with that has the opportunity to take an appeal to the Mahoning County Common Pleas Court. That's it."

Dairy Queen was issued a cease and desist order earlier this year for its zoning violations. If a resolution is reached, the township would drop the business's citation.

A decision is expected to be reached in the February 20th zoning meeting.