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Council briefed on ordinance to permit outdoor live performance theaters in commercial and downtown districts
Summary
Planning staff proposed revising land‑use definitions and tables to explicitly allow outdoor live performance theaters in certain commercial, GMU, downtown and open‑space districts, with a 1,000‑foot buffer from residential lots in high‑intensity zones; councilors asked about fire code, buffers and temporary modular facilities.
Planning staff briefed the council on a zoning code amendment to permit outdoor live performance theaters as a distinct land use in several commercial, mixed‑use and downtown zoning districts. The proposal updates the definition of "live performance theater" to distinguish indoor and outdoor uses, replaces the existing "formal amphitheater" use in some districts, and adds the outdoor use to CG, GMU, OS, PL2 and downtown zoning tables where appropriate.
For CG, GMU and downtown districts staff proposed a 1,000‑foot buffer measured from the lot lines of residentially‑zoned parcels; if the buffer overlaps a CG lot the ordinance would prohibit the outdoor theater use on that entire lot. Park and open‑space districts that currently allow amphitheaters would retain the existing permissive approach without a 1,000‑foot residential buffer, reflecting public parks— different role and scale.
Council members asked whether the amendment addresses fire code or temporary modular builds; staff said the zoning change does not alter fire‑code requirements and recommended coordinated follow up with fire code authorities because parts of the fire code are adopted at the state level and may restrict some temporary modular setups. Staff also explained that pay‑by‑space questions and buffers were calculated from residential lot lines and that, administratively, prohibiting the entire lot where a buffer overlaps is simpler to implement.
Councilors asked how the proposal affects backyard or private events; staff said private, noncommercial events are difficult to regulate until they create externalities (noise, parking, traffic), at which point enforcement tools are available. No final council vote occurred; staff will refine draft code language and coordinate follow up with fire and building code authorities as requested by council.
