4. Minimum Clearance for Pedestrian Movement . The arrangement of the tables and chairs and any other fixtures related to and in conjunction with the outdoor sidewalk dining activity shall maintain a minimum five (5) feet of free-flowing pedestrian travel way on the sidewalk. 5. Location of Outdoor Dining Activity . The tables and chairs used in association with the outdoor sidewalk dining activity shall have a minimum separation of six (6) feet from any travel lane of a NCDOT street or highway. If on-street parking is provided adjacent to the outdoor dining area, then the parking space and parked cars serve to provide the minimum separation. If the outdoor dining is on Town public rights-of-way the outdoor dining activity shall either be directly adjacent to the front of the restaurant, or the outdoor dining activity, shall be no closer than two (2) feet adjacent to the public street back-of-curb in front of the restaurant.
6. Indoor Dining Required . The restaurant must have a kitchen and an inside dining area.
7. Liability Insurance . The restaurant owner providing an outdoor dining activity shall provide liability insurance that serve to protect the North Carolina Department of Transportation, the Town of Fuquay-Varina and the restaurant/property owner from liability.
(2) Restaurants, Mobile (Food Trucks) . The purpose of these standards is to promote the general health, safety and welfare of the citizens of the Town by establishing reasonable standards to allow the retail sale of food and drinks via mobile restaurants, commonly referred to as food trucks, provided herein, and shall not apply to itinerant merchants: A. Location Standards . Mobile restaurants shall only be located in nonresidential zoning districts, except as otherwise permitted in the Land Development Ordinance, on a private lot containing a principal building, on an improved Town public street, or as a special event approved by the Town Board of Commissioners herein as follows:
i. Maximum Number of Mobile Restaurants . Maximum of two (2) mobile restaurants per individual private lot, except as provided in §9-1255 Use Standards, p. Miscellaneous Uses, (10) Special Events.
ii. Pedestrian Safety & Vehicle Movement . Mobile restaurants shall not be located on a Town street or any private parking area in a manner that impedes, endangers, or interferes with pedestrian or vehicular traffic. Mobile restaurants
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