Ocean City Planning and Zoning Commission Meeting - May 19, 2026

The Ocean City Planning and Zoning Commission met on Tuesday, May 19, 2026, at 6:00 PM in the City Hall Council Chambers. The agenda included approval of the previous meeting's minutes, a public hearing on two ordinances amending sign and zoning regulations, and a status update on a conditional use violation for Monte Go's Mini Golf. The commission voted unanimously to approve the ordinance amendments and was updated on remediation progress.

Consent Calendar

• Approved the minutes from the April 21, 2026 meeting unanimously (6-0-1, with Commissioner Palmer Gillis absent).

Public Comments & Testimony

• No members of the public offered testimony during the public hearing.

Discussion Items

Ordinance Amendments to Chapter 66 (Signs) and Chapter 110 (Zoning) – Signs, Awnings, and Banners Projecting Over Public Ways and Boardwalk

• George Bendler, Director of Planning and Zoning, presented the background: The Baltimore Avenue right-of-way survey identified numerous signs, awnings, and banners encroaching into public ways. After the Harrison Hall sign (historic, since the 1980s) fell during a winter storm, the Mayor and City Council decided that existing encroaching signs may remain but must have encroachment agreements and insurance, with staff-level approval for repairs/replacements rather than Council approval, since the planned Baltimore Avenue widening project (now scaled to underground utilities from North Division Street to 9th Street, with bidding in 2027 and construction starting October 2027) is not proceeding. The proposed amendments aim to codify this approach.
• Key proposed changes:
  • Section 66-9 (Insurance): Adds 'awning', 'banner', and 'boardwalk' to the existing requirement that any sign, awning, or banner projecting over or into a public way must have a $1,000,000 insurance policy naming the Town of Ocean City as an additional insured.
  • Section 66-14: Shifts approval from the Mayor and City Council to administrative review by the Zoning Administrator and City Engineer; requires an encroachment agreement acknowledging removal at the property owner's expense upon notice; and clarifies that existing nonconforming signs, awnings, and banners may remain under specific conditions (no increase in size, removed upon redevelopment, etc.).
  • Sections 110-831.27 and 110-865.25 (Downtown and Upper Downtown Design Overlay Zones): Update references to Section 66-14, remove the requirement for Mayor and Council approval for projections, and clarify that signs must be removed when the property is redeveloped.
• Commissioner concerns and positions:
  • Commissioner Kevin Rohe expressed strong support for the intent but raised practical concerns about enforcement. He estimated that fewer than 5% of current signs likely have the required insurance, and questioned how the city would track and enforce the requirement given it is self-insured. He suggested linking proof of insurance to annual business license renewal.
  • Commissioner Palmer Gillis echoed these concerns, noting the administrative burden of managing certificates of insurance and the potential liability if an uninsured sign causes damage. He supported tabling the ordinance until an administrative plan is developed.
  • Commissioner Gordon Kretser noted the insurance requirement has been in the code since at least 1999 (referencing Code 1972 and 1999) and questioned whether the language was sufficiently specific regarding the timeline for removal upon notice.
  • Commissioner Joe Wilson asked about removal timelines; staff responded that each situation would vary.
  • Commissioner Janet Hough, who manages a boardwalk property, noted that under current code the building's awning is not required to have insurance but would be under the new language. She asked how property owners would be notified, as many may not apply for a sign permit for years.
• After extensive debate, the commission consensus was to approve the ordinances as presented but to direct staff to coordinate with the city's risk management team on administrative implementation and report back if additional code language is needed.

Status Update – Violation of Conditional Use Approval for Monte Go's Mini Golf

• George Bendler reported that all corrective work (stormwater management and site plan) has been completed. The department is awaiting the final stormwater as-built report from the engineer, which is expected to be received and approved on or before May 24, 2026. Staff confirmed that the physical work is done and only the engineer's sealed report remains.

Key Outcomes

• The commission unanimously approved the amendments to Chapter 66 (Signs) and Chapter 110 (Zoning) as presented (motion by Gordon Kretser, second by Janet Hough; all in favor). The ordinances will proceed to first reading before the Mayor and City Council.
• Staff will consult with the city's risk management office regarding administrative enforcement of the insurance requirement and may bring back additional language if necessary.
• The June 2, 2026 public hearing for the Ocean Pines Beach Club rezoning has been postponed at the applicant's request; that meeting will be cancelled.
• The Monte Go's Mini Golf conditional use violation is expected to be fully resolved upon receipt of the final engineered as-built report by May 24, 2026.