Proposed change in Lawton city code would allow drive-in theaters in some venues – The Lawton Constitution

A complaint from local movie house operator and his landlord is prompting the City of Lawton to rewrite city code to allow small drive-in movie theaters.

Justin Hackney, who operates the Vaska Theater at Northwest 17th Street and Northwest Ferris, outlined his complaints to the City Planning Commission in November when that group was weighing changes in city code because of a request to give C-5 General Commercial District zoning to a commercial tract between 1902 and 1930 NW Ferris. C-5 is the citys least restrictive commercial zoning and commissioners said it is unsuitable for property adjacent to residential areas. But, property owner Jeff Sadler said that was what had been suggested to him as a way to allow two existing businesses (a body piercing facility and Hackneys Vaska drive-in) to operate. at that location.

The indoor theater wasnt a problem, but another successful project was: projecting movies onto the west side of Vaska, allowing a limited number of patrons (Hackney estimated no more than 50, under social distancing protocols) to sit in their vehicles in the parking lot and listen to the movie by tuning into a radio station. Hackney said the Vaska has been showing movies on its outside west wall for four years, without problems, until late last year.

It has not been an issue for anyone in the neighborhood, he said at the time, adding some nearby residents set up chairs in their yards to watch the movies and that city restrictions now being imposed on what he could do doesnt fit todays reality. You have outdated notions of a drive-in.

City planners were tasked with analyzing the idea of adjusting city code to make room for what Hackney said was todays outdoor movie theater reality: a small setting with a limited number of people that tune their car radios to a specific station for audio.

There is no effect on anyone around us, Hackney said, in November.

Last week, city planners who have been working on a proposed ordinance for weeks had their draft efforts vetted by CPC members.

Charlotte Brown, the citys planning and subdivision administrator, said the proposal sets an indoor movie theater as a permitted use in C-1 Local Commercial District (the most restrictive commercial zoning) and allows those theaters to have outdoor movie theaters as an accessory use (meaning, the outdoor venue is not the primary use, the indoor theater is). The process still would require the applicant to hold an annual permit to conduct that activity.

Now, drive-in theaters are Use Permitted on Review (meaning, they need special permission) included under C-5 zoning.

Commissioner Deborah Jones, a retired planner for the City of Lawton, lauded the city staffs efforts, explaining the proposed ordinance puts a lot of protection for adjacent property owners.

The staffs draft ordinance will return to the planning commission in late January for action, before being presented to the City Council in February.

The code will define drive-in as an outdoor movie theater where patrons view movies on a screen from their vehicles, and specifies that drive-in may be an accessory use to an indoor theater under specific circumstances. The code also has a new section to govern drive-in movie theaters as that accessory use, including the requirement for an annual permit from the city. Required information would include a layout plan of the parking and location of the movie screen, with the new permit to cost $50 and renewals, $25 per year.

Operational requirements include: may not use sound amplifying equipment outside, except for emergency situations; audio is to be transmitted on the radio or other mobile device provided by the permittee; no separate concession stand is allowed, but the operator may use the indoor theaters concession stand and food products may be delivered to patrons; the permittee is responsible for limiting light trespass (meaning, light visible from the movie) onto adjacent properties and for limiting noise emanating from the theater property. A maximum of 30 vehicles would be allowed.

The code also sets a complaint process, to include action to revoke the drive-ins operational permit after five verified complaints within any three month consecutive period. If the permit is revoked, that location will not be eligible for a new permit for one year.

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Proposed change in Lawton city code would allow drive-in theaters in some venues - The Lawton Constitution