Wake Forest Unified Development Ordinance - July 2022

Supplemental Use Standards 3.5 Supplemental Use Standards – Commercial/Entertainment


K. The outdoor seating area may be permitted on a public sidewalk abutting or adjacent to the front of the property containing the principal establishment also subject to the following requirements: 1. A Right-of-Way Encroachment Agreement must be obtained from Town of Wake Forest Public Works or NCDOT. Terms of the encroachment agreement will include, but are not limited to: a. Ensures that the operator is adequately insured against and indemnifies and holds the Town harmless for any claims for damages or injury arising from sidewalk dining operations, and will maintain the sidewalk seating area and facilities in good repair and in a neat and clean condition; b. Authorizes the Town to suspend authorization of the outdoor seating use, and to remove or relocate or order the removal or relocation of any sidewalk seating facilities, at the owner’s expense, as necessary to accommodate repair work being done to the sidewalk or other areas within the right-of-way containing or near the outdoor seating area; and c. Authorizes the Town to remove or relocate or order the removal or relocation of any sidewalk seating facilities, at the operator’s expense, if the operator fails to comply with a Town order to do so within a reasonable time period. d. In the downtown area, known as the Renaissance Area, all furniture must be of similar color and material with the existing street furnishings. Under no circumstances shall plastic tables or chairs, vinyl umbrellas, and/or plastic barriers be permitted. Location: Outside sales must be clearly secondary to the primary use within the associated permanent structure and shall generally be located to the side or rear of the principal structure. Display of merchandise for sale outdoors in the front yard shall not exceed a maximum of 12 feet from the front face of the building. B. 3.5.4. Outside or Display Sales (NB, ICD, RMX, RA-HC, NMX, UMX, PUD) A. Displays on public sidewalks: Merchandise for sale may be placed on the public sidewalk in front of the shop where the building is directly adjacent to the sidewalk provided that adequate pedestrian clearance on the sidewalk is maintained (minimum of 5 feet). Such sales may also be subject to other town ordinances.

3.5.5. Shooting Range, Indoor (HB, LI) A.

Shall be designed as a controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range ’ s approved use.

3.5.6. Shooting Range, Outdoor (OS) A.

Buffering: Outdoor shooting ranges shall be buffered from adjoining properties with a Type A buffer as set forth in Section 8.5.3. B. Location: Outdoor shooting ranges shall be located no closer than ¼ mile to any religious institution, school, or dwelling. C. Special Use Permit: A Special Use Permit is required for this use and shall meet the criteria and follow the process outlined in Chapter 15. 3.5.7. Theater, Outdoor (RA-HC, NMX, UMX, PUD) A. Buffering/Location : The performance and audience areas for any outdoor theater shall be located a minimum of 200 feet from any adjacent residentially zoned property or adjacent residential use. B. Access: Primary access to all outdoor theaters shall be to a collector or higher order street.

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


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