§ 17-86. General requirements for exceptions to this article.

Sale and offering for sale of food shall be subject to the following requirements:

(a)

The sale of food under this article shall be limited to the further restrictions in this article. Approved restaurants with street frontage along roads with speed limits of no more than forty-five (45) miles per hour may use the sidewalk area in front of their business, or in front of an adjacent property, with the concurrence of the affected property owners, and with the permission of the town manager. The town manager shall determine where sales are permissible on the basis of whether room is available in front of each business to permit at least five (5) feet of clear passage, measured as described in subsection (f), for pedestrians and all other restrictions of this article in addition to the space used for sales.

(b)

Sales permitted under this article shall be by restaurants as defined in the Chapel Hill Land Use Management Ordinance and Zoning Atlas as approved by the town.

(c)

Chairs and tables and related barriers, approved by the town manager, may be placed on the sidewalk.

(d)

Activities authorized under this article shall comply with all applicable laws, ordinances and regulations, including but not limited to those pertaining to noise control, health, fire protection, litter control, business licenses, zoning, signs, and traffic safety.

(e)

Activities permissible under this article shall not interfere with or impede the safe and orderly flow of pedestrian and vehicular traffic; shall leave clear for pedestrian traffic a continuous area of paved sidewalk at least five (5) feet wide, or at least five (5) feet of width of normally travelled area if there is no paved sidewalk.

(f)

Tables, chairs, and other furnishings shall be placed in such a manner that at least five (5) feet of unobstructed paved space of the sidewalk, measured from any permanent or semi-permanent object including trees, tree grates and shrubs, remains clear for the passage of pedestrians and provides adequate passing space that complies with the Americans with Disabilities Act. This minimum clear passage width may be increased if the town manager determines it is necessary in specific locations to provide adequate and safe pedestrian flow. Furnishings must be placed a minimum of six (6) feet from any travel lane.

(g)

Tables, chairs, and other furnishings shall not obstruct any driveway, alleyway, building entrance or exit, emergency entrance or exit, fire hydrant or standpipe, bus stop, utility access, ventilations areas, or ramps necessary to meet accessibility requirements under the Americans with Disabilities Act.

(h)

Except as elsewhere permitted, the operation or furnishing of the sidewalk dining business shall not involve any permanent alteration to or encroachment upon any street or sidewalk. The restaurant operator and/or owner of the sidewalk dining operation shall be responsible for repairing any incidental damage to the public right-of-way resulting from the operation of the sidewalk dining.

(i)

The restaurant operator shall cease part of or all sidewalk dining activities in order to allow construction, maintenance, or repair of any street, sidewalk, utility, or public building, by the North Carolina Department of Transportation, the town, their agents or employees, or by any other governmental entity or public utility.

(Ord. No. 95-4-24/O-11, § 1; Ord. No 95-5-8/O-1, § 1; Ord. No. 2004-09-07/O-4, § 4; Ord. No. 2007-03-26/O-4, § 3; Ord. No. 2019-04-10/O-6 , § 1)