Land Development Ordinance - Amended 4-2-2024

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(2) Drive-Through . Drive-through facilities associated with a financial institution shall comply with the standards of Subsection p. (1) Accessory Uses of this Article.

j.

Food & Beverage

(1)

Restaurant, Food Service & Sales

A. Minimum Gross Receipts Required . The restaurant's gross receipts from food and non- alcoholic beverages must not be less than 51% of the total gross receipts from food, non-alcoholic beverages, and alcoholic beverages.

B. Drive-Through . Drive-through facilities associated with a restaurant shall comply with the standards of Subsection p. (1) Accessory Uses of this Article.

C. Outdoor Dining

i. Location of Outdoor Seating . Outdoor seating for food service with on-premises sales of alcoholic beverages are permitted where food and/or alcohol are served on private property in which case these outdoor food service areas may be located in the front, side or rear of the principal building. ii. Outdoor Seating in Public Right-Of-Way . Any outdoor sidewalk dining activity within the public right-of-way, including sales of alcoholic beverages, may be permitted under the following standards:

1. ABC License Required . Restaurant owners must ensure that the premises that is the subject of the applicable ABC permit includes all areas both inside and outdoor dining.

2. Federal, State, & Local Regulations . Outdoor sidewalk dining activities are permitted on a public sidewalk in conformance with North Carolina General Statutes §136-27.4, the Federal Highway Administration where applicable. 3. Outdoor Dining Activity Only Associated with Restaurant . The outdoor public sidewalk dining activity shall only be located in front of the restaurant that is providing the outdoor sidewalk dining activity, unless otherwise allowed.

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