§ 4.2.32. Late-night establishments and night clubs.

A.

The regulations that follow regarding late-night establishments and nightclubs are intended to afford protection to residential uses and other uses so as to protect the public health, safety, and welfare while respecting and providing adequate opportunities for nightlife in the county.

B.

Late-night establishments and nightclubs shall be subject to all of the following standards:

1.

Parking facilities within a lot may be shared in accordance with article 6, parking.

2.

Valet parking shall not be used to satisfy the requirement to meet applicable parking standards.

3.

Methods of traffic circulation, ingress and egress shall be consistent with best management practices as approved by the transportation division of the county's public works department.

4.

Noise from the proposed use shall be contained within the subject retail center units or standalone structures. The facility shall comply with chapter 16, article VII, DeKalb County Noise Ordinance.

C.

No late night establishment or night club boundary line shall be located within one thousand five hundred (1,500) feet from the boundary line of property zoned for residential use without the issuance of a special land use permit (SLUP). A late-night establishment or night club is not required to obtain a special land use permit when their closest residential neighbor is on the opposite side of an interstate highway.

D.

Every special land use permit application for a late-night establishment or nightclub shall include a scaled drawing of the location of the proposed premises, showing the distance measured in feet from the boundary line of the property proposed to be used as a late-night establishment or nightclub to the boundary line of property zoned for residential use. Such drawing shall be certified by a land surveyor or professional engineer registered in the State of Georgia. For the purposes of this section, distance shall be measured in feet as follows:

1.

From the property line of the land upon which the late-night establishment or nightclub is located;

2.

To the property line of the land which is zoned for a residential use;

3.

Along a straight line which describes the shortest distance between the two (2) property lines (i.e., "as the crow flies").

E.

Any late-night establishment or nightclub operating pursuant to a validly issued business and liquor license issued prior to the effective date of Ordinance No. 08-20, November 18, 2008, shall be a legal nonconforming use as defined in article 9. No late-night establishment or nightclub currently operating under a valid license issued prior to the effective date set forth in this section shall be required to secure a special land use permit from the board of commissioners in order to continue operation. Such establishments shall be required to comply with the applicable provisions of article 4, division 5 [sic] of this chapter regarding cessation, expansion, movement, enlargement or other alteration of the late-night establishment or nightclub. If a licensee is operating a legal nonconforming late-night establishment or nightclub at a particular location pursuant to this zoning ordinance, and such license is revoked, upon revocation, the legal nonconforming status of the licensee at that particular location shall be terminated

( Ord. No. 15-06 , 8-25-2015)