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    • Hubble in 3D at IMAX 3D Theater
    • "Jellies: The Living Art" Exhibition at Hunter Museum of American Art, 10am

    Proposed Zoning Change Targets New Nightclubs

    Written by Gary Poole
    April 29, 2009 – 12:35 pm


     4044A proposed change to the Chattanooga zoning ordinance will come before the City Council in several weeks that would, if approved, make it far more difficult for business owners to open a nightclub or themed restaurant in the city.

    The ordinance, which would create a 1,000-foot exclusion zone from a residential area for any new cabaret, nightclub, entertainment restaurant, music club, sports bar or comedy establishment, was drafted by the Planning Commission at the behest of councilmember Carol Berz, who represents the Brainerd area.

    The resolution claims that concerns have been expressed regarding the excessive noise and disruption that accompanies such establishments and the impact they cause on nearby residents. While the downtown area would not be affected, as it operates under a special zoning system that allows for mixed-use development (hence the closeness of condos, churches, restaurants, retail businesses, etc.), this ordinance could have a profound impact in Brainerd Road, as well as sections of Hixson Pike, Highway 153 and Highway 58—all areas where residents and business owners have often been at odds with one another.

    The resolution would define exactly what a nightclub is, as well as requiring any new nightclub to apply for a Special Exemptions Permit to the council that would include a site plan, general plan for the utilization of any building (including decks and balconies), location of amplified speakers, parking plans, and noise-reduction efforts.  It also calls for the 1,000-foot exclusion zone for any residentially zoned property.

    To give you an idea how long 1,000 feet is: It is just a bit longer than ten basketball courts placed in a row. A majority of commercial properties along Brainerd Road fall within that exclusion zone, thereby effectively making it very difficult to open any new establishment of this kind along the popular Brainerd Road corridor if the change if approved by the council.

    However, opposition to the proposed ordinance from property owners who will be faced with greater difficulty in developing or leasing their properties is expected to be fierce.  In the current economic climate, commercial property owners are having difficulties finding new tenants. Losing the ability to utilize their property as a themed restaurant or nightclub would make it that much more difficult to lease.

    There are also concerns about the fact the Special Exemptions Permit would need to be presented directly to the City Council instead of to the Planning Commission.  There is concern that the council is attempting to micromanage a specific business class, bypassing the jurisdiction of the Planning Commission.  One of the main purposes of the commission is to balance the needs of residential, commercial, and industrial interests in the city.  Bypassing their expertise in regard to nightclubs does not sit well with a number of government and business people.

    Adding yet another aspect to the issue is law enforcement.  Officials with the Chattanooga Police Department have noted that the Brainerd Road corridor has long been a major trouble spot for officers.  Cutting down on the number of nightclubs would have a dramatic impact on crime in the area, one officer predicted.  The end result would be an overall increase in property values, which would benefit area residents.  The ordinance would not affect any current businesses, but with the fairly rapid turnover in the nightclub business (the average club operates for less than three years before closing), the impact on Brainerd especially would be noticed within just a few years.


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