Dancing the key to Chesterfield zoning case

Nicole Bailey can't dance.

It's not that she lacks the skills or desire, it's that Chesterfield County zoning doesn't allow it any longer -- for now.

Bailey, 32, is a regular at Murphy's Law II, a restaurant and bar in a shopping center off Spring Run Road near Hull Street Road. She lives in the neighborhood and used to drop in every Friday night with her husband to shake a leg.

"We love to dance," she said, commenting that they have rarely gone since March 22 -- the day the dancing died.

"The dancing was the fun part," she said.

For the past four years, the restaurant's patrons have eaten, drunk, played billiards and darts, enjoyed live music and danced -- not necessarily in that order.

But those were the old days. In March, Chesterfield police began cracking down on a zoning ordinance prohibiting the combination of dancing, drinking alcohol and live music without a nightclub license. You can have two, but not all three, without the permit.

"Not many customers want to dance without music," said owner Jennifer Hicks, who is seeking the zoning change necessary for nightclub designation.

After a lengthy process of procuring the necessary police, health department and ABC permits to obtain the license, Hicks is now at the mercy of the county after having shelled out $4,100 to apply for the zoning.

The financial burden hurts, coupled with the fact that business has taken a hit since the dance ban.

"This really is going to make or break my business," she said.

On Tuesday, she cleared the first hurdle, gaining the unanimous blessing of the county's Planning Commission. The matter will be before the Board of Supervisors late next month.

But the Planning Commission's decision didn't sit well with the residents of nearby Norwood Pond condominiums.

John W. Follis Jr., president of the Norwood Pond Homeowners Association, said allowing a "nightclub" in a neighborhood business district could "lead to a slippery slope."

"We've all heard of neighborhood parks, neighborhood schools, neighborhood shopping centers," he said. "Have any of us heard of a neighborhood nightclub?"

Other speakers pointed out that the business was near a library, church and schools, suggesting it was an inappropriate place for a nightclub.

Hicks said she was disappointed the residents hadn't come to her before opposing her request.

"I've been doing this for four years and have had no complaints," she said. "I think the negative connotation is with the word. I don't want to be a nightclub. I'm not there to play loud, raucous music for young 18to 20-some-year-olds to dance and grind to and what have you. I just want a couple who is there enjoying themselves to be able to dance."

Contact Wesley P. Hester at (804) 649-6976 or .