Zoning Ordinance Addresses Nightclubs
11/24/08 10:06 pm
By Jeff Rader
For more than a year, I have been working, as your commissioner, to deal with the increasing presence of nightclubs in DeKalb County. That's why I am pleased to report that the Board of Commissioners recently approved legislation that I introduced last spring to better regulate the placement and operation of nightclubs and late-night establishments.
While new business is welcome in the county, nightclubs and late-night establishments have the potential to create a negative impact on their surroundings. The goal of my new ordinance is to ensure that such businesses do not disturb nearby residential neighborhoods.
This goal is addressed through a combination of zoning restrictions and the Special Land Use Permit (SLUP). For the first time, the county zoning code now has specific language indicating where nightclubs and late-night establishments may be located.
In some zoning classifications, new nightclubs and late-night establishments are not permitted. In some classifications, they are permitted, but if they are located within 1,500 feet of residential property, they must have a SLUP.
The SLUP could be denied outright, or would allow the county to impose reasonable conditions, not spelled out in existing zoning ordinance, to minimize the impact on nearby neighborhoods. Examples of such conditions would be parking, buffering and conduct of business.
In order to enhance the flexibility and application of this ordinance, the term "late-night establishments" was created in reference to those businesses, such as restaurants, that serve alcohol past 12:30 a.m. on any day. The ordinance does not change the current zoning definition of a nightclub.
Existing nightclubs and late-night establishments are grandfathered in this ordinance. Should an existing establishment have its license revoked, or relocate, or undergo expansion, it would lose its grandfather status.
Back in September 2007, I proposed legislation to deal with nightclubs and other alcoholic establishments by rolling back their serving hours. My legislation proposed that serving of alcohol would end at 2 a.m. on weeknights rather than 3:55 a.m. On weekends, serving would have ended at 2 a.m. for Saturday and midnight for Sunday, rather than the current 2:55 a.m. cutoff time.
In November 2007, the county commissioners approved this proposal, 4-3, but it was vetoed by CEO Vernon Jones. So in January of 2008, I began work on a new approach to the nightclub matter by crafting revisions to the zoning ordinance to rectify a notable omission, namely the absence of permissible conditions for nightclubs.
After 11 months, three drafts, countless meetings with interested parties, and multiple reviews by the planning staff, planning commission, and community councils, the zoning ordinance was approved last week.
It is my hope that the communities can successfully coexist with such businesses. It is important to recognize and balance the rights and wishes of both parties. The onus still remains for existing and new businesses to comply with county regulations and for the county to monitor and enforce its regulations.
Ordinance Timeline
March 25, 2008: Ordinance formally introduced with 30-day moratorium to allow full cycle review
April 22, 2008: Moratorium extended for 60 days
May 20, 2008: Moratorium extended for 60 days
July 22, 2008: Ordinance deferred for full cycle review
August 8, 2008: Second draft of ordinance completed
September 8, 2008: Third (and final) draft of ordinance completed
September 23, 2008: Ordinance deferred for full cycle review
October 14, 2008: Ordinance receives 3 votes for, 0 votes against, and 2 abstentions with 2 absences (Note: Four votes needed to approve)
November 18, 2008: Ordinance approved 5-0 with 2 abstentions (Commissioners Johnson and May)
For more than a year, I have been working, as your commissioner, to deal with the increasing presence of nightclubs in DeKalb County. That's why I am pleased to report that the Board of Commissioners recently approved legislation that I introduced last spring to better regulate the placement and operation of nightclubs and late-night establishments.
While new business is welcome in the county, nightclubs and late-night establishments have the potential to create a negative impact on their surroundings. The goal of my new ordinance is to ensure that such businesses do not disturb nearby residential neighborhoods.
This goal is addressed through a combination of zoning restrictions and the Special Land Use Permit (SLUP). For the first time, the county zoning code now has specific language indicating where nightclubs and late-night establishments may be located.
In some zoning classifications, new nightclubs and late-night establishments are not permitted. In some classifications, they are permitted, but if they are located within 1,500 feet of residential property, they must have a SLUP.
The SLUP could be denied outright, or would allow the county to impose reasonable conditions, not spelled out in existing zoning ordinance, to minimize the impact on nearby neighborhoods. Examples of such conditions would be parking, buffering and conduct of business.
In order to enhance the flexibility and application of this ordinance, the term "late-night establishments" was created in reference to those businesses, such as restaurants, that serve alcohol past 12:30 a.m. on any day. The ordinance does not change the current zoning definition of a nightclub.
Existing nightclubs and late-night establishments are grandfathered in this ordinance. Should an existing establishment have its license revoked, or relocate, or undergo expansion, it would lose its grandfather status.
Back in September 2007, I proposed legislation to deal with nightclubs and other alcoholic establishments by rolling back their serving hours. My legislation proposed that serving of alcohol would end at 2 a.m. on weeknights rather than 3:55 a.m. On weekends, serving would have ended at 2 a.m. for Saturday and midnight for Sunday, rather than the current 2:55 a.m. cutoff time.
In November 2007, the county commissioners approved this proposal, 4-3, but it was vetoed by CEO Vernon Jones. So in January of 2008, I began work on a new approach to the nightclub matter by crafting revisions to the zoning ordinance to rectify a notable omission, namely the absence of permissible conditions for nightclubs.
After 11 months, three drafts, countless meetings with interested parties, and multiple reviews by the planning staff, planning commission, and community councils, the zoning ordinance was approved last week.
It is my hope that the communities can successfully coexist with such businesses. It is important to recognize and balance the rights and wishes of both parties. The onus still remains for existing and new businesses to comply with county regulations and for the county to monitor and enforce its regulations.
Ordinance Timeline
March 25, 2008: Ordinance formally introduced with 30-day moratorium to allow full cycle review
April 22, 2008: Moratorium extended for 60 days
May 20, 2008: Moratorium extended for 60 days
July 22, 2008: Ordinance deferred for full cycle review
August 8, 2008: Second draft of ordinance completed
September 8, 2008: Third (and final) draft of ordinance completed
September 23, 2008: Ordinance deferred for full cycle review
October 14, 2008: Ordinance receives 3 votes for, 0 votes against, and 2 abstentions with 2 absences (Note: Four votes needed to approve)
November 18, 2008: Ordinance approved 5-0 with 2 abstentions (Commissioners Johnson and May)
(Commissioner Jeff Rader represents District Two on DeKalb County's
Board of Commissioners. He was reelected in November of 2010 for
another four-year term.)
Please encourage your neighbors to sign up for my e-mail updates. Go to my web site, www.commissionerrader.com, and click on the "news signup" link at the bottom.
Please encourage your neighbors to sign up for my e-mail updates. Go to my web site, www.commissionerrader.com, and click on the "news signup" link at the bottom.