REFERRAL TO THE LAND USE AND SUSTAINABILITY COMMITTEE AND PLANNING BOARD – AMEND LAND DEVELOPMENT REGULATIONS TO REQUIRE CONDITIONAL USE APPROVAL FROM THE PLANNING BOARD FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS ON A ROOFTOP WHERE SUCH ROOFTOP IS LOCATED IN CLOSE PROXIMITY TO A BUILDING CONTAINING RESIDENTIAL UNITS.

Please place the above item on the May 17, 2023 City Commission meeting agenda as a referral to the Land Use and Sustainability Committee (“LUSC”) and Planning Board (“PB”).

I would like the LUSC to consider amending the City’s Land Development regulations to require a conditional use permit (“CUP”) from the Planning Board for any proposed alcoholic beverage establishment located on a rooftop where such rooftop is located in close proximity to a building containing residential units. The CUP requirement would apply regardless of whether the establishment is licensed to conduct entertainment. As part of the discussion, I would request that the Planning Department recommend a specific distance requirement (from a residential property) within which a CUP would be required.

Based on the LUSC’s recommendations, the Planning Department can draft an Ordinance amending the Land Development Regulations, for transmittal to the Planning Board.