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WILMINGTON – The Adjustment Board reversed a zoning violation for a popular business on Market Street.
The City of Wilmington alleges that Biggers Market added live music as an ancillary use without zoning approval. But after an hour-long discussion on Thursday, the Adjustment Commission voted 3-2 to reject the city’s position.
City Zoning Administrator Katherine Thurston explained that she has received some complaints about outdoor concerts being held at open-air farmers markets and retail stores.
After city staff inspected the site on February 17, 2022, a Wilmington Police Department officer issued a violation notice four days later. The revised notice was issued on April 21, citing the new city codes effective December 1, 2021.
Live amplified music added to an existing market is not included in the zoning compliance application and does not meet buffer requirements, the notice said. The breach also points to an “indiscriminate” parking problem along residential streets due to the high number of customers visiting the market.
According to city regulations, amplified sound is not allowed within 500 feet of residential areas, one of which borders properties to the south. Additionally, by adding an “outdoor field” use to the property, there is an additional parking requirement.
“The parking spaces permitted at the site are insufficient to accommodate recreational use,” Thurston told the board.
under General Statue 160D-705 And the city’s land development regulations, the owner has the right to appeal within 30 days. Attorney Matthew Nichols, who works for owners Aubrey and Joy Rogers, filed an appeal on May 20, denying allegations of violations at the property.
Biggers Market, which will rebrand from Port City Produce in 2021, has hosted live music since 2015 to complement its retail operations, Nichols said at Thursday’s conference. The location is subject to the old city code, which did not regulate outdoor music in area business districts.
“The staff characterizes it as an additional use that wasn’t approved by the zoning, and we simply don’t agree with that,” Nichols said.
He added that Biggers is not considered an event venue because it does not have a fixed stage and does not charge patrons to enjoy the music, and that the entertainment is a “side” event at the produce market.
He also argued that the city was trying to apply the new land development code to site plans approved under the old code. The city signed off on the company’s zoning compliance in June 2021, three months after the company announced a name change and move to its current location at 6250 Market St.
“It’s part of their business, it’s part of their model, it’s an appendage to the market,” Nichols told BOA members. “It’s good for customers and good for the environment.”
He also noted that Biggers never received a noise citation, which Thurston confirmed was true.
“I would argue that they have to amplify the sound on Market Street, where 55,000 cars pass by every day,” Nichols said.
Nichols and Biggers co-owner Wells Struble point to other examples of farmers markets that offer live music, such as Wilmington Farmers Market in Tidal Creek. The apartment complex is also adjacent to the Oleander Drive site.
In terms of parking, Struble said he and his business partner purchased a lot adjacent to the market at 6240 Market St. and plan to convert it into a spillover lot.
While the project is ready for construction, permits still need to be approved.
Thurston said the four calls to service the property were the result of parking issues and a vehicle collision. Cars lined up on Elijah Drive, a residential street near the Market, and were hard to see when turning out of the car park.
Homeowner Charles Stanley of 18 Elijah Drive testified that his driveway was blocked on multiple occasions. He also noted that he could hear music when he was outside, but said “it wasn’t that loud.”
Most board members seem more concerned about parking than amplified sound, with the exception of Mark Saulnier.
“The city has a real problem with music near residential areas,” he said.
Saulnier, who lives on Wrightsville Avenue, said he sometimes hears live music from two nearby companies late at night.
“Live music spreads,” he said. “I don’t know if you’ve ever talked to your neighbors, but you should enjoy your property in peace. There’s live music six to eight hours a day, what if they don’t like that music or don’t want to hear it?”
In addition to Stanley, one person made pro-market comments during the public hearing.
Stephanie Jarvis, who lives near Biggers, said Wilmington relies on thriving small businesses to drive the economy. The company employs local people and supports local farmers from where it sources its produce.
“Biggs is a success story for this community,” Jarvis told the board. “In the course of their development as a business, yes, they’ve grown into what you call an ‘event space. ‘ But I never showed up and had to buy a ticket. But they have also evolved into a family meeting place that allows us to create memories. “
Local musicians are struggling to make a living, she added.
No neighbors objected to the music during the meeting, and several listeners supported Biggs.
“The real issue is not the site changes or additions, it’s the parking lot, and I believe properties in the south are working on that,” said board chairman Patrick Moore.
He filed a motion to overturn the violation, which was approved by a majority of the board. Music can continue at Biggers Market.
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