The Henderson Planning Board held a public hearing at 3:30 p.m. this afternoon in the City Hall Council Chambers to discuss restricting hours of operation for nightclubs, taverns, lounges and dance halls in the downtown Henderson business district.
The Henderson Police Department, in conjunction with Development Services staff, made the request to restrict hours of operation in the B-1, Central Business District.
The request adds language to the existing ordinance regulating the hours of operation for nightclubs, taverns, lounges and dance halls in the B-1 district to Sunday through Thursday from 4 a.m. to 10 p.m. and Friday and Saturday from 4 a.m. to midnight.
The request also stipulates that restaurants obtain a special-use permit if they provide live music or dancing.
Language has also been added to allow businesses established prior to construction of residential properties to be grandfathered in under zoning requirements until the business undergoes a change in ownership or in business type.
Hotels and motels are excluded from these particular zoning requirements.
The ordinance as it reads on the Henderson Planning Board’s agenda is outlined below. Type in red indicates proposed changes to Ordinance 18:
ORDINANCE 18
TEXT AMENDMENT TO AMEND ARTICLE 600B: SUPPLEMENTARY USE REGULATION SECTION 652B: NIGHT CLUBS, TAVERNS, LOUNGES & DANCE HALLS.
The City Council of the City of Henderson, North Carolina ordains: That the following section be amended/added to the City Zoning Code:
Section 652B: Night Clubs, Taverns, Lounges and Dance Halls
652B.1 Location and Hours
No night club, tavern or lounge (except night clubs, taverns or lounges with 25,000 square feet of individual building floor area that are located within a shopping center with at least 100,000 square feet of total area) shall be located within a radius of 500 feet of any school, church, hospital, funeral home, domiciliary home, rooming house, residential dwelling unit or residential zoning district.
Hours of operation in a B-1 (Central Business District) Sunday thru Thursday from 4 AM to 10 PM, Friday and Saturday 4 AM to midnight. In the event restaurant provides live music and/or dancing a special use permit is required. Any place of business that was established prior to construction of residential properties within this area shall be grandfathered under this zoning requirement until such time a business changes owners or business type. Hotels and motels are also excluded.
652B.2 State Standards
Any night club, tavern or lounge shall demonstrate that it can meet the standards for on-premises ABC Permit under Chapter 18, Article 10 of the North Carolina General Statutes in the event that any alcoholic beverages are to be consumed on the premises.
652B.3 Noise
Every night club, tavern or lounge shall be designed and constructed as to prevent unreasonably loud noise from emanating beyond the premises in such a manner that they would disturb nearby uses.
652B.4 Dance Halls
Dance halls serving alcoholic beverages shall be deemed to be a nightclub. Dance Halls serving no alcoholic beverages shall not meet the locational or State standards set forth in subsections 652B.1 and 652B.2 but shall meet the noise requirements set forth in section 652B.3
652B.5 Banquet Facilities/Event Center
No banquet facilities/event center shall be located in a radius of two hundred fifty (250) feet from any school, church, residential dwelling unit or residential district measured from the occupied/rentable space.
The requirements and restrictions of Section 10-30 (a) through (e) of the City of Henderson, North Carolina Code shall apply to the uses permitted by this section. (Amended 12/12/16).
