By Michelle Giluso

A new takeout restaurant to be located on First Street has given city staff the incentive to consider altering a zoning ordinance that prohibits takeout services from being located within 150 feet of one another.

The ordinance was adopted in 1998, but many of the downtown restaurants that were established after that, including Jamba Juice, Starbucks, Le Boulanger and Posh Bagel, have not complied with the ordinance. They are all located within 150 feet of one another, according to a city document.

The owners of the Togo’s outlet to be opened at the former Preston’s Candy & Ice Cream location on First Street have reportedly already purchased their franchise license and signed a lease agreement.

The city said Togo’s and other restaurants can utilize the section of the ordinance that allows the planning commission to process a use permit for “other uses which are determined by the city planner to be of the same general character and are found to be consistent with the village atmosphere as set forth in the vision statement and specific purposes of the Downtown Commercial Retail Sales (CRS) zone.”

A city document states restaurants with fewer than 32 seats are permitted in the downtown area, but takeout services associated with permitted uses require a conditional use permit.

According to the city, takeout service “means a characteristic of an eating or drinking service which encourages, on a regular basis, consumption of food or beverages, such as prepared or prepackaged items, outside of a building, in outdoor seating areas where regular table service is