Wake Forest Unified Development Ordinance - July 2022

Supplemental Use Standards 3.5 Supplemental Use Standards – Commercial/Entertainment


3.5. Supplemental Use Standards – Commercial/Entertainment

3.5.1. General Commercial (Reserved For Future Use) 3.5.2. Open Air Retail (NB, HB, ICD, RMX, RA-HC, NMX, UMX, PUD) A. Location: The use shall be conducted behind the prevailing setback line for the district. B. Sidewalk Kiosks, Vendor Carts, Concession Stands, etc: Such uses shall be permitted to operate within the right-of-way provided that adequate pedestrian clearance on the sidewalk is maintained (minimum of 5 feet) and the automobile and bicycle travelway is clear of obstructions. C. Parking: No permanent parking is required but the use must accommodate reasonable vehicular circulation and parking to preclude off-site impacts as determined by the Administrator. 3.5.3. Outdoor Seating (NB, HB, ICD, RMX, RA-HC, NMX, UMX, PUD) Outdoor seating is only allowed as an accessory use to any restaurant, bar/tavern, or other uses where food or beverages are served for consumption as an accessory use, subject to the following standards: A. No sound production or reproduction machine or device (including, but not limited to musical instruments, loud-speakers, and sound amplifiers) shall be used, operated, or played in the outdoor seating area at a volume that is any louder than necessary for the convenient hearing of persons within the outdoor seating area, and that would disturb the peace, quiet, or comfort of adjoining properties or businesses. B. Hours of operation of the outdoor seating area shall be the same as those for the establishment. C. Food preparation shall occur only within the enclosed principal building. D. The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. E. No tables, chairs, umbrellas, or other furnishings or equipment associated with the outdoor seating area shall be attached, chained, or otherwise affixed to any curb, sidewalk, tree, post, sign, or other fixture within the outdoor seating area. F. The outdoor seating area shall be limited to that part of the sidewalk directly in front of the property containing the eating or drinking establishment unless the owner of adjoining property or business agrees in writing to an extension of the outdoor seating area to that part of the sidewalk in front of the adjoining property or business. G. A clear pathway at least five feet wide shall be maintained to allow through public pedestrian traffic along the sidewalk and from the sidewalk into the entrance to the establishment. A greater width may be required where necessary to ensure the safe and convenient flow of pedestrian traffic. H. A clear separation of at least five feet shall be maintained from any alley, crosswalk, fire hydrant, or similar public or emergency access feature in or near the sidewalk. A greater clear distance may be required where necessary to ensure use of the public or emergency access feature. I. No objects shall be placed along the perimeter of the outdoor sidewalk seating area that would have the effect of forming a physical or visual barrier discouraging the use of the sidewalk by the general public. J. Tables, chairs, umbrellas, and other furnishings associated with the outdoor seating area shall be of sufficient quality design, materials, and workmanship to ensure the safety and convenience of area occupants and compatibility with adjacent uses.

Town of Wake Forest Unified Development Ordinance – July 19, 2022


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