Bradenton council upholds planning decision limiting outdoor concerts at Cottonmouth

Bradenton City Council on Wednesday upheld the Planning Commission's order and denied an appeal that challenged city staff's determination that outdoor, amplified musical performances at Cottonmouth Southern Soul Kitchen exceed a restaurant's accessory use.

The appeal was filed by neighbors represented by attorney Laura Lawson, who said the Planning Director correctly concluded the live music on Cottonmouth's backyard stage most closely resembles an outdoor auditorium or amusement center, uses not permitted in the T4R (General Urban Restricted) portion of the Village of the Arts overlay. "The form-based code needs to be enforced," Lawson told the council, urging protection for residents.

In sworn testimony, neighbor Carrie Price said music from Cottonmouth has been loud "enough that we can hear it clearly inside our home and at our dinner table, even with the windows closed," and that the noise has disrupted family life and a home-based yoga studio. Planning Director Robin Singer told the council the department found evidence of amplified entertainment, some events with admission or donations, and structural changes to the rear yard that supported the director's classification as an outdoor auditorium or outdoor amusement center.

Cottonmouth owner Cecilia Hernandez and restauranteur David Chiplet defended the venue as a restaurant that offers live music. Chiplet said the business has reduced ticketing, altered bookings, and consistently attempts to stay within the city noise standard: "We are always in compliance whenever the police show up," he said, adding staff monitor decibel meters and have changed booking practices to mitigate impacts.

Assistant Chief Brian Thiers reported the police CAD history: since April 6, 2025 there were 41 calls for service to Cottonmouth, 33 of which were noise complaints; two citations for ordinance violations were issued, and other calls related to noncriminal issues. Singer also noted building- and fire-safety permits are outstanding for some backyard improvements and that any reopening of the rear area would require fire department occupancy approval.

Council members debated whether the Village of the Arts overlay's intent to encourage arts and mixed uses should allow the activity and whether mitigation and enforcement could address neighbors' concerns. A motion to uphold the Planning Commission's final order (thereby denying the appeal) passed on a 5-0 roll-call vote. Mayor Jean Brown closed the public hearing and the council returned to regular business.

The council did not adopt new citywide hours or sound limits during the session; staff and the planning department said enforceable terms (hours, occupancy limits, or other conditions) are more appropriately handled through the code or a separate legislative process. The matter will proceed according to the Planning Commission's order and any operational compliance matters (noise, permits, occupancy) will be handled by the city's enforcement and fire safety processes.