Issuance of encroachment agreement.

Charlotte City Code § 19-274

in effect

Sec. 19-274. - Issuance of encroachment agreement. An encroachment agreement for the operation of sidewalk dining may not be issued unless the agreement is complete and unless the following requirements are met: (1) Sidewalk dining must be associated with an operating restaurant such that it is under the same management and shares the same food preparation facilities, restroom facilities and other customer convenience facilities as the restaurant. (2) Sidewalk dining must be clearly incidental to the associated restaurant business. Seating capacity of sidewalk dining may not constitute more than 50 percent of the total seating capacity of the associated restaurant. (3) The placement of tables, chairs and other furnishings as shown in the drawing required in section 19-273(5) must be done in such a manner that at least six feet of unobstructed paved space, as measured from the street-side edge of the sidewalk, remains on the sidewalk for the passage of pedestrians in the uptown mixed use and neighborhood services zoning districts and at least five feet of unobstructed paved space in all other zoning districts. (4) The restaurant seeking approval for sidewalk dining must front on and open onto the sidewalk proposed for the sidewalk dining. The placement of tables, chairs, and other furnishings may not extend beyond the sidewalk frontage of the associated restaurant unless as provided in section 19-275(5) and (6) of this article. (5) The tables, chairs, and other furnishings used in sidewalk dining shall be removed daily from the sidewalk at the close of the associated restaurant's business day. (6) The operation or furnishings associated with sidewalk dining shall not result in any permanent alteration to or encroachment upon any street, sidewalk, or to the exterior of the associated restaurant. (Code 1985, § 19-24(d))

Source: City of Charlotte, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/charlotte/codes/code_of_ordinances?nodeId=PTIICOOR_CH19STSIOTPUPL_ARTIXSIDI_S19-274ISENAGFetched: 10/27/2026