§ 45-536. Nightclubs.

The purpose of this section is to set out minimum regulations for the review and approval of nightclubs to mitigate any negative effects upon adjacent properties. The definition of a nightclub is found in section 45-201.

(a)

All nightclubs must provide a management plan as part of an application for certificate of use and occupancy for those permitted by right in this Section, and as part of an application for a conditional use permit as stipulated below in subsection (c). The minimum required elements of a management plan are as follows:

(1)

Operational characteristics and features of the nightclub, including the following:

a.

Staffing levels;

b.

Hours of operation, and days of the week on which the establishment will be operated as a nightclub;

c.

Type of Virginia Alcoholic Beverage Control license and related restrictions;

d.

Floor plan showing the general arrangement and seating capacity of tables and bar facilities, dance floor and standing room areas and capacity, which floor plan shall be posted on the premises in a prominent location viewable by the patrons;

e.

Total occupant load; and

f.

General type, frequency and hours of entertainment to be provided;

(2)

Provisions for off-street parking; and

(3)

Provisions for security and crowd management, including the following:

a.

Procedures, features, arrangements and staffing levels for security and crowd management for both the interior and exterior of the premise; and

b.

A plan and procedures for mitigating potential adverse impacts on nearby dwelling and business uses.

(b)

A nightclub, as defined in this chapter, shall be permitted in the C3 and C4 districts as a matter of right.

(c)

A nightclub, as defined in this chapter, shall be permitted in the C1 and C2 districts, and shall be called a type 1 nightclub, when the following conditions exist:

(1)

The nightclub is located more than five hundred (500) feet away from:

a.

Any school, church, park, playground or a library property;

b.

Any other nightclub;

c.

Any residentially zoned property which fronts on the same street or which contains any school, church, park, playground or library; or

d.

Located more than two hundred (200) feet away from a residential zone when not fronting on the same street.

(d)

A nightclub, as defined in this chapter, may be by conditional use permit, as provided for in Article XXVII of this chapter, and shall be called a type 2 nightclub when the following conditions exist:

(1)

The nightclub is located five hundred (500) feet or closer to:

a.

Any school, church, park, playground or a library property;

b.

Any other nightclub;

c.

Any residentially zoned property which fronts on the same street or which contains any school, church, park, playground or library; and

d.

Any nightclub that is closer than two hundred (200) feet to a residential zone when not fronting on the same street.

(2)

For the purposes of this subsection, distances shall be measured on a straight line (i) from the unit containing the nightclub to the nearest point of the property named above in (c)(1), or (ii) between the unit containing the nightclub and the unit containing any other nightclub.

(3)

For purposes of this subsection, unit means a self-contained section within a larger structure or a freestanding structure containing a single use.

(4)

A conditional use permit may be issued by the city council after recommendation by the planning commission and finding that the location, size, design and operating characteristics of the proposed nightclub will be compatible with and will not adversely affect or be materially detrimental to neighboring uses.

(Ord. No. 7365-17, § 4)

(Ord. No. 7365-17, § 4)