When one thinks of dining al fresco, the McDonald's near Dorney Park may not come to mind as one of the Lehigh Valley's options.

Now, a dispute over whether outdoor seating ever was authorized at the restaurant has delayed plans to remodel and expand the building, at 3860 Hamilton Blvd, South Whitehall.

The restaurant's existing outdoor seating was not included in its original building plans, Zoning Officer Keith Zehner told The Press.

Zehner said the restaurant added outdoor seating at some point between 1997 and today, without receiving official approval and in violation of the township's zoning laws.

"If dining didn't have to meet setback [regulations], that means you could have outdoor seating, property line to property line," Zehner said.

McDonald's has proposed a 437-square-foot addition to the existing 3,788-square-foot building. Before that can be approved, the zoning hearing board must consider the issue of whether the outdoor seating is in violation of zoning laws.

McDonald's is expected to argue it is compliant because the township knew or should have known the outdoor seating existed.

Representatives of McDonald's did not return a call seeking comment by press time.

At the request of McDonald's, the board agreed at its Jan. 23 meeting to postpone the issue until Feb. 27.