Summary:
In an effort to better control late-night behavior in the Downtown area that is peripheral to the robust bar and night club scene, the ordinance contains key amendments to the Land Development Code and other key sections of the Municipal Code. These amendments seek to refine the nighttime operations of the Downtown Entertainment Area in order to increase safety, ensure compatibility of uses, and reduce nuisances. The three (3) subjects include:
- Surface Parking Lots. In order to mitigate for security and safety concerns, it is proposed that certain operational and physical improvements be required when a surface parking lot is accessible to patrons after 10:00 PM. This includes security requirements, lighting and landscaping improvements, and other rules for cordoning off parking lots when not in use. Further, the proposed approval process provides an avenue for legalizing surface parking lots that are open to the general public in the Downtown Entertainment Area.
- Sound/Noise Attenuation. Providing for a noise report process in the Land Development Code prepared by a qualified, independent acoustical engineer. The noise report and approval process by the Planning Official will apply to all existing and proposed outdoor speakers to ensure compliance with the Noise Ordinance. Additional practical rules and policies to lessen the overall level of noise coming from special events, sidewalk cafe speakers and other sources are also proposed.
- Late Night Special Use Permit. Adding an administrative Special Use Permit requirement for new and change of ownership of after-midnight uses in the Downtown Entertainment Area within the Land Development Code, in order to coordinate review of operations, licensing, maintain security plans, permitting, outdoor uses and crime prevention improvements for after-midnight uses.
Further refinements to the Municipal Code and Land Development Code are also detailed in the staff reports, which staff recommendation was accepted by the Municipal Planning Board unanimously at it's May 2022 meeting. Since the Municipal Planning Board, the proposed ordinance has been modified to delete the increased noise ceiling and keep the current ambient noise provisions, in order to retain the current requirements for noise in the Downtown Entertainment District.
Previously approved on first reading by the City Council is a relevant Growth Management Plan (GMP) policy within the the summer cycle of text amendments which further supports the City's efforts in managing these subjects to diminish nuisances and promote use compatibility. |