Christiansburg’s new noise ordinance took center stage this week as council approved a measure to allow the Starlite Drive-In to push the maximum decibel limit.
The debate centered on complaints from nearby neighbors who said the theatre’s volume shook items in the home and made it hard to even hold a conversation.
By a 5-to-1 vote on Tuesday night, council approved the conditional use permit with Sam Bishop being the only one against it.
The Starlite’s owner, Peggy Beasley, has been critical of the town throughout the long process. She is currently working to provide more Bluetooth-type radios in order to take advantage of a FM-transmitter system at the drive-in.
Beasley has also made the second showings just a radio-only broadcast. Neighbors said the volume level is definitely down this year and have not made any complaints to police.
After Christiansburg police cited the Starlite two years ago for being too loud, a Montgomery County judge dismissed the charge and told the town to revamp and re-define its noise ordinance. The complaints started about the time the drive-in switched to a new outside speaker system.
Beasley said people were stealing the antiqued speaker boxes or just driving off with them still attached to their car windows.
“We had to do something to replace them, and it was too costly to go with the old speakers and hard to find the parts,” she’s said previously.
The court ruling forced the town to better define its noise ordinance in the words of the judge, “to be enforceable.” After almost a year of debate, the town placed decibel limits throughout the different zoning areas.
As part of the new plan, certain businesses that exceeded the maximum level on a regular basis could ask for the CUP in order to be exempt from the limits stated in the noise ordinance.
The Starlite was the first to apply for the CUP, and the town’s planning commission had previously voted 8-0 in favor of the request and recommended approval by council.
The permit does come with two conditions: 1) Allow for sounds for the full run of the first movie on Thursday, Friday, Saturday and Sunday nights during the months of April through October to not to exceed 65 decibels in residential zoning districts and 65 in business zoning districts.
This allowance shall permit the first movie to use the outside sound system no later than midnight to the noise standards, stated above; and 2) Allow for up to five concerts from January through December not to exceed the noise standards detailed in condition #1 and ending by 11 p.m.
Beasley has repeatedly said she has lost business over the past two years, because customers could not hear the movies.
Additionally, she said the legal fees have almost left her broke. She still frowns upon the whole noise ordinance change, but town officials said they are happy with the final result.
Mayor Michael Barber said he is pleased with the overall effort in dealing with the noise concerns.
“The Starlite continued to work with us through the process to arrive at conditions that we hope will help the business succeed and will be reasonable for the surrounding neighbors. We want to see the Starlite thrive, but after the changes they made in 2016, we couldn’t ignore the residents’ complaints. The planning commission worked hard to find a solution for both parties, and we are happy to approve it,” he said.
Councilman Harry Collins echoed Barber’s sentiments. At the end of the meeting, he told Beasley the governmental body wants the drive-in to be successful.
He asked Beasley about a rumor of a Go-Fund campaign that had been set up to raise funds to purchase newer individual speakers like the old ones that were taken out of service two years ago.
Beasley admitted she didn’t know much about fundraising, which is being circulated by loyal customers of the drive-in.
Collins wanted to be a part of the fundraising and pulled out a check for $150 from he and his wife.
“That’s how successful we want you (the Starlite) to be,” he said.
Another business owner, Marie March of Big Bear Properties, which owns two restaurants, has also applied for a CUP exemption.
During a public hearing on Tuesday, no one spoke for or against the conditional use permits, which would allow outdoor music at both the Fat Back Soul Shack and Due South barbecue restaurant on Roanoke St.
Both businesses are located in the B-3, General Business District, and a CUP is required for a loudspeaker/sound amplification/outdoor sound system to be used again in excess of the town’s noise ordinance.
The amended noise ordinance also prohibits noise that is “plainly audible within another person’s enclosed dwelling unit.
Ironically, Due South is located near the Starlite Theatre. Both restaurant locations have regularly held music events in and outside the buildings.
Other news
Council asked Town Manager Randy Wingfield to send several items to the planning commission for discussion. Those issues included: current and future use of industrial property in the community, and possible regulations on AirBnb’s within the town.
The AirBnb issue has come up after other surrounding communities passed ordinances in dealing with short-term housing.
Online over 300 homes in Christiansburg and Blacksburg are listed as AirBnb’s with nightly stays ranging from $75 to $1,575.