HomeMy WebLinkAbout2009-01-12 09-040 ORDINANCECOUNCIL ACTION 09 040
Item No.
Date: January 12, 2009
Item/Subject: Ordinance, Amending Land Development Code, Chapter 165, Section 165-13,
Definitions
Responsible Department: Legal
Commentary:
The City's Land Development Code currently defines "nightclub, dance hall or disco" as "any
eating or drinking establishment serving 300 or more patrons".
This Ordinance amendment will reduce the number of patrons required to be considered a
nightclub, dance hall or disco from 300 to 80. In light of complaints received by the City
regarding the behavior of patrons of some establishments that have occupancy levels of less
than 300 patrons, it has been suggested that a reduction in this number is appropriate.
This amendment will change the definition of nightclub, dance hall or disco as an eating or
drinking establishment serving 80 or more patrons.
At its January 6, 2009 meeting the Transportation and Infrastructure Committee recommended
that this ordinance be first read and referred to the Planning Board.
Manager's Comments: --I�U
ER
11
Budget Approval:
Legal Approval:
Introduced for
Passage
X First Reading
X Referral to the Planning Board, January 20, 2009 @ 7 p.m.
Department Head
Finance Director
09 040
SOF HA
Assigned to Councilor Gratwick January 12, 2009
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CITY OF BANGOR
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(TITLE.) Ordinance, Amending Land Development Code, Chapter 165, Section 165-13 Definitions
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That the Land Development Code of the City of Bangor is amended as fbllows:
165-13 Definitions
NIGHTCLUB, DANCE HALL or DISCO — Any eating or drinking establishment serving 38890- or more
patrons (with a capacity to accommodate 388 80 or more patrons) or any entertainment facility
offiering opportunity to488-�8-0 or more persons to dance, socialize, view entertainment, partake of
food or beverages or congregate for other purposes whose normal hours of operation extend beyond
11:00 P.M.
IN CITY COUNCIL
January 12, 2009
First Reading and Referred
to t$e Planning Board
CITY CLERK
IN CITY COUNCIL
February 9, 2009
Motion Made and Seconded
for Passage
Vote: 7-0
Councilors Voting Yes: Bronson,
D'Errico, Gratwick, Nealley,
Palmer, Stone and Wheeler
Councilors: Voting No: None
Councilors Absent: Blanchette
and Hawes
Passed
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DEPUTY CITY CLERK
ORDINANCE
(TITLE,) Amending Land Develpment Code,
Chapter 165, Section 165-13 Definitions
Assigned to Councilor 6�—-
MEMORANDUM
DATE: February 4, 2009
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Land Development Code 165-13
Council Ordinance 09-040
Please be advised that the Planning Board at its regularly scheduled meeting on
February 3, 2009 held a Public Hearing on the above Land Development Code
Amendment.
City Attorney Norm Heitmann provided an overview of the proposed Land Development
Code Amendment that was developed to alter the definition of nightclub, dance hall or
disco by changing the capacity threshold from 300 persons to 80 persons (capacity).
Since the original language developed in the mid 1990's there have been similar
concerns about late night hours and noise complaints from adjacent residential
property owners from establishments of far less than a capacity of 300 patrons. While
the typical capacity is around 100 patrons the definition was set at 80 patrons such that
a minor change in the facility's capacity would not offer a circumvention of the
provision's intent.
There were no proponents or opponents from the public in attendance.
Some Planning Board Members thought the provision would limit such establishments
or cause additional red tape, for business owners. Planning Officer David Gould
explained that the proposal before the Board is simply a change in the definition of
"Nightclub, Dance Hall or Disco;" the term would affect Zoning Districts where it is
used. While the next Ordinance Amendment proposes some changes to the Downtown
Development District and the Urban Service District relative to that use, the definition
change has only to do with the number of patrons as a threshold of the definition.
Additionally some members of the Planning Board were concerned that the existing
language, now being proposed to be changed, may have some unforeseen
consequences in how it could be interpreted.
Attorney Heitmann noted in retrospect the language could likely be improved. As long
as the Board understood the intent of what was proposed, Staff would attempt to
better define the use in the near future.
The Board was in general agreement with the intent of the new provisions but voted
one in favor and six opposed to recommend the amended definition of Nightclub,
Dancehall or Disco as contained in C.O. 09-040.