Unified Development Ordinance, 25th Supplement, December 2022

CHAPTER 6. ​USE REGULATIONS | Article 6.4. Commercial Uses

Sec. 6.4.10. Restaurant/Bar A. Restaurant/Bar Use Category A facility that prepares and sells food and drink for on- or off-premise consumption. Restaurant includes the following uses. 1. Bar, nightclub, tavern, lounge. 2. Eating establishment. 3. Food truck. B. Bar, Nightclub, Tavern, Lounge 1. Defined A facility that prepares and sells food and drink that has alcoholic beverage sales in excess of 70% of the business’s total annual sales. 2. Use Standards: a. A bar, nightclub, tavern or lounge in the NX- District is subject the following: i. No live performances. ii. No dance floor. iii. Outdoor seating in excess of 20 seats shall require the issuance of a Special Use Permit in accordance with Sec. 10.2.9. In addition to the showings required by Sec. 10.2.9.E.1. through 8., the following standards must be met:

3) Nothing in this subsection shall be construed to require screening or landscaping along a property line or right-of-way line wherein the outdoor seating area is screened wholly and adequately by a non-residential principal structure, either on site or off-site. iv. No outdoor seating shall occupy any area without prior approval of the conversion to seating by the City.

C. Eating Establishment 1. Defined

A facility that prepares and sells food and drink that may or may not have alcoholic beverage sales. If allowed in no case can alcoholic beverage sales exceed 70% of the business’s total annual sales. 2. Use Standards a. An eating establishment in an RX- District is subject to the following: i. Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets. ii. The unit cannot exceed 4,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot. iii. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries. iv. Drive-thru or drive-in facilities are not permitted. v. An eating establishment in an -TOD overlay is not subject to parts i and ii of this section; however, such a use must be within or attached to a multi-tenant building b. An eating establishment use in an OX- District is subject to the following: i. Must be within or attached to a multi-tenant building, cannot be located in a standalone building. ii. The floor area of the eating establishment use cannot exceed 15% of the gross floor area of the entire building or 4,000 square feet, whichever is greater individually or cumulatively in combination with any other allowed Limited Commercial use per lot.

a) The outdoor seating area shall be a minimum distance of 100 feet from any principal or accessory dwelling unit in a residential district; however b) The minimum distance may be reduced to 40 feet provided: 1) AType B1 Transitional ProtectiveYard is established along any shared property line located between the outdoor seating area and any applicable principal, or accessory, dwelling unit; and 2) AType C1 or C2 Street ProtectiveYard is established along any property line abutting a right-of-way located between the outdoor seating area and any applicable principal or accessory dwelling unit.

6 - 31 Pub l i s hed De c embe r 2022

Pa r t 10 : Un i f i ed Deve l opmen t Or d i nanc e C i t y o f Ra l e i gh , No r t h Ca r o l i na

Supp. No. 25