The Christiansburg Town Council approved a new ordinance Tuesday night that will directly affect the Starlite Drive-In Theatre.
After almost eight months of discussion, public hearings and debate, the governing body passed a new noise ordinance 5-1 with Merissa Sachs being the only dissenting vote.
The ordinance was changed after the town and the owners of the Starlite met in court this past winter. The theater was ticketed for being above the town’s noise limit after multiple neighbors complained to the police department.
A Montgomery County judge told the parties to re-examine the matter and told the town to do a better job of spelling out its noise ordinance. So, the long hard discussion began, and council members admit the new ordinance is not perfect, but that it is easier to understand.
The definition of noise, plainly audible sound, is now spelled out and defined in the new ordinance. The outdoor sound limit would be 57 decibels during the hours of 7 a.m. and 10 p.m. and from 10 p.m. to 7 a.m., the limit would decrease to 52 decibels. The exceptions to allow for higher noise would be in zoned business areas would be 65 decibels.
Under the new ordnance, individuals that push the top decibel mark can apply for a special permit that would allow them to exceed the limit under certain requirements. There has been concern those seeking that permit would have to pay a $750 filing charge, but council agreed to waive the fee for up to six months.
Starlite owners have already applied for the conditional use permit that could allow them to exceed the decibel maximums. Additionally, the drive-in is considering only broadcasting sound through its FM-radio transmitter system for second showings on the weekend. An outside speaker system would still be available for the first showings.
The Starlite’s owner, Peggy Beasley, said customers complained and left last year after they could not hear the movie. At the heart of the problem was Beasley’s effort to provide some type of upgrade two years ago to her sound system.
“We were having problems keeping the old car speakers up and running, and people were even stealing them so we switched to the FM transmitter and outdoor speakers,” she said.
The volume level, according to Beasley, was simply not loud enough for moviegoers. She estimated that her 2017 business was cut in half because of the ongoing problems.
She did not speak during Tuesday’s meeting, but there were plenty of others that did.
One of the loudest was Blacksburg songwriter Leslie Brooks, who played a song she had written for the occasion. She played a rendition of Don McLean’s “American Pie” with a change in the lyrics to say “the day the music died in Christiansburg.“
The performance drew applause from onlookers. Brooks also rose from her seat during the final discussion before the vote on the ordinance, interrupting council. She was escorted from the meeting by Police Chief Mark Sisson.
Stacy Martin, a local businessman who has been vocal during this process, felt the community was at a crossroads.
“Over the years, small businesses have been robbed of their economic opportunity (here in the town). This decision will resonate into the future as people look back at history,” he said.
Martin felt the new ordinance could kill future business growth.
Shannon Dove, another Starlite advocate, told council members it would be a shame the town adversely affects a longtime attraction.
Other businesses like Fatback Soul Shack, a southern-cuisine restaurant, mentioned by Brooks, could also face similar constraints as they hope to hold outdoor concerts in their parking lot near Interstate 81 on Roanoke Street.
Owners Jared and Marie March felt that they have the right to have outdoor music for their business that has become popular as a venue at their restaurant.
There were also concerns the new ordinance removed an exemption for church bells and other religious activities.
Under the ordinance, police would have to be dispatched if someone complains about the ringing on Sunday mornings. Town Attorney Theresa Fontana said the definition was removed because of recent court action across the state and nation.
Council also discussed the possible permanent closure of Hickok Street for the town’s Farmer’s Market and other special events. A representative of the Presbyterian Church, which is located adjacent to Hickok Street, expressed some concern over the closure.
Local Resident Julie Neal pointed out the church shares an entrance and exit to the street.
“We feel this closure will affect church traffic adversarial,” she said.
Church representatives would like to discuss the proposal further before if it takes place. Neal asked that if temporary barriers are placed on the street that they could also be removed during Sunday services upon request from the church.
The town’s plan is to develop the Hickok area between Main and College streets into a permanent community entertainment center with a stage and benches for public use.
