The idea of sitting outside on a warm spring evening with nothing in the air but the sound of crickets chirping is a dream to some Charlotte-area residents — but a complete nightmare to the local music scene. Nearly everyone craves moments of peace and quiet, but proposed changes to the city's 25-year-old noise ordinance would blanket the scene with an edict unplugging amplified music in all but the Uptown area.
It's not that the Charlotte City Council, attorneys or those on the Community Safety Committee are directly targeting the music scene or local bars and restaurants in general, but the initial proposal would put a dagger into the heart of the city's vibrant music landscape, which is just starting to find new life.
While the committee and attorneys are working to find a balance between bustling businesses and residential areas, people close to the music — musicians, bar and restaurant owners and music fans — worry a revised noise ordinance could eliminate a portion of the local arts scene that is thriving and drawing in new fans every day.
Proposed changes
Right now, the city of Charlotte operates under a noise ordinance that was created roughly 25 years ago — a quieter time in the city's past. The law currently states that outdoor amplified sound can't exceed 70 dB as measured anywhere within the boundary line of the nearest residentially occupied property. The problem with enforcing the existing rule comes from a limited number of decibel meters that are accessible to Charlotte police and the fact that outdoor noise in an urban area usually exceeds that level with traffic alone. Average city traffic is 60 dB and heavy traffic can go up to 90 dB or more.
Another portion of the current ordinance allows for 10 hours of live outdoor amplified music for an audience of less than 1,000 people per year and 20 hours for more than 1,000 people. This applies to places such as Dixie's Tavern in Uptown or outdoor events such as Stonefest at the Philosopher's Stone Tavern in Elizabeth. This does not apply to the large outdoor music facilities such as Verizon Wireless Amphitheatre, Symphony Park and Road Runner Mobile Amphitheatre, which have a capacity of more than 5,000.
While there are proposed noise ordinance changes that would impact everything from right-of-way street preachers and protesters to the large amphitheaters, no issue sparks more controversy or opposition than that of the section impacting bars and restaurants near residential neighborhoods. "In those other areas, we think we're in pretty good shape," senior deputy city attorney Bob Hagemann said.
With bars and restaurants, city officials say it's often a game of "cat and mouse." A noise problem is reported to the police, who make their way to the location and ask the volume to be turned down. Owners comply ... until the police have left and the sound goes back up. After receiving an increasing number of complaints in recent years, City Council member Patsy Kinsey brought the idea of revising and updating the noise ordinance to the City Council roughly one year ago.
The Council asked the Community Safety Committee to look at it further — they received the first draft of proposed changes at its February meeting last month. "Kinsey has really been the driver behind this whole thing with City Council," Community Safety Committee chairman and Mayor Pro Tem Patrick Cannon said by phone. "Philosopher's Stone is at the center of this whole debate. It's said that they've been ignoring the ordinance as it is, so the matter has come to my committee." Kinsey did not return multiple phone calls or e-mails for comment.
City attorney Mac McCarley said his office was trying to strike a balance between the residential areas and the businesses in the draft of the revised ordinance. "We are looking to fairly balance competing interests," McCarley said at the February meeting of the Community Safety Committee. "In the Uptown area where there is conflict, we favored for the commercial businesses. In the neighborhoods, we decided toward the neighbors." He said the city is looking at moving away from decibel measurements and toward a calendar or time standard that would make it more enforceable. "Our goal is to make it better, but it's not perfect," he said.
Among the changes:
• No live outdoor amplified music would be allowed at restaurants or bars that are located within 400 feet of residential zoning.
• Non-live amplified noise may not be audible within residential zoning regardless of distance.
• Businesses within 1,000 feet of residential zoning would be allowed 15 hours per year of live outdoor amplified music.
• Venues of more than 5,000 would obtain an annual permit that would be tailored to the facility and its surroundings.
Within moments of the proposed changes being explained to the committee in February, a variety of voices could be heard expressing concerns. Committee member Andy Dulin noted that the proposal was "very restrictive" and that 15 hours wouldn't cover a 16-game football season if someone had a band at halftime of each game. Bar and restaurant owners expressed some anger and concern for what it could mean.
When someone suggested that hours be used to limit outdoor amplified live music in all areas of the city, perhaps ending at 9 or 10 p.m., Kinsey commented that 10 p.m. is "awfully late at night."
Impact
For argument's sake, let's say the initial proposal makes it to City Council and is approved. If you enjoy going out to a place such as Philosopher's Stone Tavern, Revolution Pizza or any place that has live, outdoor amplified music, the only thing you might hear when you dine there is the crowd and traffic. There's no applying for a permit, unless it's part of a festival. If a restaurant or bar within 400 feet of a residential zoned area wants music on the patio, it's likely going to have to be acoustic and unplugged.
It's not a future that appeals to many involved in the local music scene, either. Local musicians are just as likely to perform inside a venue as they are on a patio in order to build a fan base and earn a living. Customers often enjoy a drink or meal on a patio where live music adds to the flavor of the day. Businesses welcome the entertainment form as a way to draw customers in, not as an effort to bother neighbors. Committee chairman Patrick Cannon noted that changing the noise ordinance could have an economic impact on already existing businesses.
An area group called Save Charlotte Music — made up of restaurant and bar owners, musicians and music fans — has organized a Facebook page to gather support in opposing the proposed noise ordinance changes. So far, the group has started an online petition and held a few meetings to discuss possible changes that would work better for all of those involved. As McCarley said to the committee, the ideas have "sparked a bonfire."
"Did we expect this kind of response? No. Are we surprised in hindsight? No," said Hagemann during a recent phone call. "I now understand the reaction and the reasons for it. There are clearly battle lines being drawn in Elizabeth. There are people that are angry, accusatory or think we have motives for what we're trying to do. We want to hear from everyone, but it's fascinating to hear the conclusions that people have come to. Mac and I didn't wake up one day and say, 'Let's see if we can piss off the musicians.'"
Hagemann noted that a variety of neighborhood leaders have spoken out in Elizabeth and have said live outdoor music is a problem there. Hagemann added that while restaurant owners and neighborhood leaders were contacted for "homework," they failed to contact musicians or go into NoDa when researching the proposed changes.
While many residents of areas like NoDa have moved there to be closer to the arts scene, the problem in the Elizabeth neighborhood is that the city grew up around them. Hagemann noted that one couple in their late 80s has been living near 7th Street for roughly 45 years, and the bars and restaurants are a new addition.
"We've been there for six years this coming May," Philosopher's Stone Tavern owner Josh Settle said by phone. "I can't say that I didn't see this coming. This is something that's been building up for a while in this town, long before I was there."
According to police statistics, there were approximately 100 noise complaints in the Elizabeth area last year — though it doesn't say if it was for music, dogs or other types of noise. There were roughly 300 complaints in the Uptown area and other areas ranged from 50 to 95.
Settle said that during a recent Sunday, both the Philosopher's Stone and Kennedy's had live, outdoor, amplified music and neither location received a complaint. On Tuesday nights, there is usually a solo acoustic performer outdoors at the P-Stone; on Thursdays on the weekends they have local bands perform. "The whole thing stems from — three years ago I had a loud Stonefest, and they got ticked off," Settle said. "Now, if they see speakers set up outside, they assume the worst. When we get complaints, it's the same four people."
The next Stonefest is planned for May 14 — if they can have it. "We shut down by 11 [p.m.] at the latest, and I move the last two bands inside to the back bar," Settle said, noting he doesn't have a problem with the current ordinance. "I think Patsy wants to make sure that there's not another Stonefest, I know that much. Right after the last Stonefest, the police did a 30-day assessment and everything came back within complete compliance. We're doing everything by the book and within the law and getting the permits when we need them. What more can I do?"
If the proposed changes to the ordinance were to go through, Settle said the impact would be detrimental. "I don't charge at the door for my music. I see it as a stepping stone for [musicians] to get to play at a bigger venue," Settle said. "It would be detrimental to the scene to not have that platform. We also hold a lot of fundraisers for charities that we wouldn't be able to hold. If there are 550 restaurants in town, then maybe there are 50 other venues like mine. Think about how much the scene and economy will be losing. It would ruin this town."
What's next?
Kinsey recently told the NoDa Neighborhood Association that "the Council never approves on first glance, so the final ordinance probably won't look like the initial proposal." Though not likely, the fact that it could, if passed on to the Council and approved, concerns a lot of people. It was noted at the February committee meeting that some community groups are pushing for a resolution to the problem before the warmer weather of spring comes to town. At this point, it's highly unlikely the Council would simply drop the issue since it's already been determined that the current ordinance is not completely enforceable. Attorneys and committee members acknowledge that the proposed changes aren't perfect, and they're open to suggestions.
The next meeting of the Community Safety Committee is planned for March 21 at 3 p.m. At that meeting, public comments will be taken for a brief period before the committee discusses the ordinance changes further. Cannon could not be reached for further comment on what will take place at the meeting.
If changes are agreed upon, they will be passed on to the City Council, who could discuss the matter at its March 28 meeting. The committee might also take more time to figure out what it wants to do before sending it on to the Council.
"I don't know for sure, but I suspect that at the meeting on the 21st, we're going to share with [the committee] some of what we've heard and learned and provide them with some additional options," Hagemann said. "I don't know if we're going to draft proposed options or if it's going to be more conceptual."
Save Charlotte Music plans to attend the meeting and voice its opinions on the matter, in addition to offering proposed changes of its own that might satisfy all parties.
Some people at the February NoDa Neighborhood Association Meeting suggested limiting outdoor amplified music by hours of the day — though McCarley noted what works for NoDa might not work for Elizabeth or another neighborhood. Another proposal suggested having variances for different neighborhoods so each area would have its own set of rules. Hagemann said that while this option seems to be viable in some ways, it also brings up the question of where one neighborhood starts or where another one ends and who would be responsible for drawing those lines and deciding the rules. Another idea is to have a "repetitive complaint clause" attached to the current ordinance where repeat offenders would suffer fines or loss of permit privileges.
"What happens when a neighborhood transitions into something that it isn't today?" Hagemann also noted. "There's gotta be a limit to how many sets of rules we have. I think Councilwoman Kinsey is open to other ideas, but we haven't been instructed to draft anything up at this point." He added that they will keep the decibel limits intact so they can fall back on them in case someone finds a "loophole."
"I think when the music community first got a hold of this, there was some misinformation out there," Hagemann said. "I think we're now all understanding what is being proposed and what's trying to be done."
This much is clear: When McCarley asked the folks at the Noda Neighborhood Meeting for a show of hands of how many people in attendance were in favor of the proposed ordinance changes, not one hand was raised. Instead, people commented that live music is a "fabric of the neighborhood" and a reason quite a few people have moved to the area. "It takes away one thing, but then you have to wonder what's next," Zach McNabb, co-owner of the Neighborhood Theatre, said at a recent Save Charlotte Music meeting.
There is no perfect solution to the problem — residents, music lovers or businesses are sure to lose out in one way or another when the changes are finally put in the books. Just as Charlotte's neighborhoods are diverse, so is the area's music scene. A blanket ordinance covering the entire city might not only limit the sound, but stifle the creativity and blossoming local music scene that's finally getting national attention.