The Mahoning Drive-In is awaiting a zoning hearing about camping on its grounds.

Supervisor Deb McGowan asked about the current state of the Mahoning Drive-in last week.

Sandy Palinchak, a member of the township’s zoning hearing board, said a zoning hearing was scheduled on Oct. 1, but the zoning hearing board continued it.

The drive-in theater seeks relief from a variance to sections (permitted uses within the planned commercial zoning district.

In addition, it seeks the listed relief to allow for an accessory use for overnight stay of paying patrons of the drive-in theater.

The subject premise is owned by Joseph Farrugio, who has granted the Mahoning Drive-In Theater permission to file the subject zoning application.

The township’s zoning hearing board issued an enforcement notice dated June 27, 2021, that the premise located at 279 Seneca Road was in violation of a section for being used as a campground, and a campground is not a permitted use in the planned commercial zoning district.

Township solicitor Tom Nanovic previously explained that the enforcement officer sent the campground a violation notice.

Nanovic said the drive-in then appealed that to the township’s zoning hearing board, and had two theories: One, that it was not a campground, as it was part of the drive-in movie experience, and two, even if it were a campground, they would be entitled to a variance.

He said the matter then went before the zoning hearing board, and the township presented its testimony. However, the zoning hearing board said it didn’t believe it was a campground, so they can keep doing what they’re doing.

Nanovic said the township then appealed that to the Carbon Court of Common Pleas, where a judge decided it is a campground, and sent it back to the zoning hearing board so that it could hold the second part of the meeting to determine whether or not it’s entitled to a variance.

He said the drive-in then appealed that decision to Commonwealth Court.

In January 2022, Nanovic said that the matter had been appealed, and added they were sent an enforcement notice for setting up a camper.

The zoning hearing board was served with the lawsuit Dec. 17. The board had 30 days to respond in court.

The matter was sent to Carbon County Court after supervisors in January 2023 appealed a recent decision by the township’s zoning hearing board over camping by theater guests.

In October, the zoning hearing board rejected the township’s claim that the theater is operating a campground without proper zoning approval.

The theater doesn’t dispute that some of its customers spend the night between shows, but they don’t believe that makes them a campground.

The theater is located in the township’s planned commercial zoning district. The township zoning ordinance only allows campgrounds in a different zoning district. It doesn’t define a campground.

Virgil Cardamone, owner, operator and curator, has testified that customers are allowed to stay overnight following a show if they purchase an overnight, multiday movie pass. No other camping is allowed.

He said the theater does not allow RVs, campfires or outside food. At all times, a staff member is on-site and portable restrooms are available.

The township argues in its lawsuit that the zoning hearing board should have upheld the zoning officer’s notice of violation. The lawsuit also says that the board refused to admit into evidence a video which supported the zoning officer’s findings.