OCEAN CITY — A north-end movie theater this week got the green light to begin operating in a drive-in format in back parking lot of the facility after some concerns were addressed.
The Mayor and Council had before them on Monday a request from the Sun and Surf movie theater at 145th Street to begin operating in a drive-in format with the films projected on the rear of the building and attendees watching from their vehicles in the parking lot with the sound broadcast through their vehicle’s radio. Indoor movie theaters are still not allowed under Gov. Larry Hogan’s current COVID-19 executive orders and the popular movie theater uptown has sat dormant for much of the summer thus far.
Planning and Community Development Director Bill Neville said accommodating the Sun and Surf theater’s request could be accomplished in different ways, but perhaps the most expeditious would be treating like many of the other temporary-use requests reviewed and approved by the town and its various partners earlier this summer. When outdoor seating at restaurants was allowed under the state’s recovery plan, several businesses in town requested and received permission to set up temporary operations on private property.
Neville said the Fox Theatres’ Sun and Surf Cinema’s request could go through the typical zoning approval process, but that would take time and require public hearings, for example. Instead, Neville told the Mayor and Council the request could be handled with the same process afforded to restaurants earlier this summer.
“The question before you is can we use the temporary use process,” he said. “The intent of that was mainly for temporary outdoor seating for restaurants, but this is proposed on private property and it can fit in that model. We hadn’t intended it for a drive-in movie, but instead it was more for restaurants.”
Neville said the staff reviewed the request and attached conditions to it, subject to approval from the Mayor and Council.
“There are seven staff conditions unique to this particular use,” he said. “It has the preliminary okay from the health department and the fire marshal’s office. They’ve reached out to the neighbors and they seem to be okay with it.”
The seven conditions include the notification of adjacent property owners, the temporary use would be allowed through the end of the year, or until such time as the restrictions are lifted on indoor movie theaters; sound would be broadcasted by FM radio to individual vehicles only and the town’s noise restrictions would apply at the property line. Food service and restrooms would be available inside for ticket holders only and masks would be required. In general, most of the potential concerns are addressed in the staff’s conditions, according to Neville.
“The exposure to excessive noise, light, trash etc. is fairly limited,” he said. “We can certainly try this out if that’s the council’s desire.”
Sun and Surf representative Andrew Sayler explained the concept to the Mayor and Council.
“We basically want to move our business outside,” he said. “Everything is online through the app including purchasing tickets and even buying snacks. Everything is contact-free as much as possible. If they come inside to use the restroom, they will have to wear masks.”
In response to a question about the hours of operation, Sayler said the intent was to have two features each night.
“We want to show two features each night,” he said. “Right now, it doesn’t get dark until later. For now, we’re thinking maybe an 8:30 p.m. show and a 10:30 p.m. show. With a standard two-hour movie, it can all be wrapped up by 1 a.m.”
Councilman Dennis Dare raised questions about the hours of operation, the potential impact on neighboring residential properties in terms of excessive light, noise and traffic, for example. He also questioned the potential content and ratings of the features shown.
“One of my concerns is the ratings,” he said. “It is a public area and I’m not sure we want to show R-rated material up there for all to see.”
Sayler explained the intent, especially for the later showing, is to show adult-themed features that might have an R-rating. The sound would be confined to the vehicle and other content such as nudity could be monitored.
“We want to show PG, PG-13 and R-rated listings,” he said. “We are willing to build a temporary fence along the property line. I’m not saying we’re going to show R-rated titles. The early showing would be more family-oriented.”
The council ultimately approved the concept with the understanding it would be complaint-driven. In other words, if there are multiple complaints about noise, lighting, trash or the content of the films, the temporary use can be revoked.
