SIDEWALK DINING

Charlotte City Code ch. 19, art. IX

in effect

Charlotte City Code § 19-271 Permits generally.

Sec. 19-271. - Permits generally. The director of transportation or his designee may enter into encroachment agreements for the serving of food and beverages on city sidewalks on the following conditions: (1) Dining is for waiter service only; (2) No permanent fixtures, facilities or encroachments are affixed to the sidewalk or installed within the city right-of-way; (3) A cover charge is not charged for sidewalk dining; (4) No business, product, or advertising signing is placed on any encroaching item; and (5) The sidewalk is free from litter, food products and other items. (Code 1985, § 19-24(a))

Charlotte City Code § 19-272 Definitions.

Sec. 19-272. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Permanent encroachment means all items of privately owned personalty affixed, connected, attached or fastened to any public sidewalk or right-of-way. Restaurant means an establishment in the business of regularly and customarily selling food, primarily to be eaten on the premises, including businesses that are referred to as "restaurants," "cafeterias," "cafes," "lunchstands," "grills," "snack bars," "fast food businesses" and other establishments, such as drugstores, which have a lunchcounter or other section where food is sold to be eaten on the premises. This definition does not include food vendors. Restaurant operator means the person operating a restaurant and associated sidewalk cafe. As used in this article, this definition includes the owner and manager, if different from the owner, of the restaurant and associated sidewalk cafe. Temporary encroachment means all items of privately owned personalty situated on, but not affixed, connected, attached or fastened to, any sidewalk or public right-of-way. (Code 1985, § 19-24(b))

Charlotte City Code § 19-273 Encroachment agreement.

Sec. 19-273. - Encroachment agreement. Any restaurant operator who desires to offer sidewalk dining shall execute an encroachment agreement with the city, which agreement shall contain, but not be limited to, the following: (1) The name, address, and telephone number of the restaurant desiring to operate sidewalk dining. (2) The name, address, and telephone number of the restaurant operator. (3) The type of food and beverage, or food product, to be sold and served for the sidewalk dining. (4) The hours of operation of the restaurant and the proposed hours of operation of sidewalk dining. (5) A scaled drawing or site plan showing the following: a. The section of sidewalk or right-of-way to be used for the dining. b. The section to be kept clear for pedestrian use. c. The existing curbline and right-of-way line. d. The proposed placement of the tables, chairs and other furnishings on the sidewalk. (6) Evidence of adequate insurance, as determined by the city, to hold the city harmless from claims arising out of the operation of the sidewalk dining. (7) An indemnity statement whereby the restaurant operator agrees to indemnify and hold harmless the city and its officers, agents, and employees from any claim arising from the operation of the sidewalk dining. (8) A copy of all permits and licenses issued by the state, county or city, including health and ABC permits, if any, necessary for the operation of the restaurant or business, or a copy of the application for the permit if no permit has been issued. This requirement includes any permits or certificates issued by the city for exterior alterations or improvements to the restaurant. (9) Such additional information as may be requested by the director of transportation or his designee to determine compliance with this article. (10) A fee as determined by the city to cover the cost of processing and investigating the application and issuing the permit. (Code 1985, § 19-24(c))

Charlotte City Code § 19-274 Issuance of encroachment agreement.

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))

Charlotte City Code § 19-275 Placement of furnishings.

Sec. 19-275. - Placement of furnishings. Furnishings for sidewalk dining: (1) Shall not be within ten feet of any driveway or alleyway; (2) Shall not be within 15 feet of a fire hydrant or standpipe; (3) Shall not be within ten feet of a crosswalk or the intersection of right-of-way lines (property lines) at a street intersection; (4) Shall not be at any location which obstructs underground utility access points, ventilation areas, meters, accessible ramps or other facilities provided for physically challenged persons, a building access or exit, or any emergency access or exitway; (5) Shall not be in front of an adjacent property, without the written approval of the adjacent business or property owner; (6) Shall not be in front of an adjacent display window, without the written approval of the business or property owner; and (7) Shall have other conditions that may be necessary as determined by the director of transportation. (Code 1985, § 19-24(e))

Charlotte City Code § 19-276 Denial/revocation of encroachment agreement.

Sec. 19-276. - Denial/revocation of encroachment agreement. The director of transportation or his designee may deny or revoke an encroachment agreement, pursuant to this article, if he finds that the granting or continuation of the agreement would not be in the public's interest or if he finds that the restaurant operator has: (1) Made a deliberate misrepresentation or provided false information in the encroachment agreement; (2) Operated sidewalk dining at the location in such a manner as to create a public nuisance or to constitute a hazard to the public health, safety, or welfare, specifically to include failure to keep the sidewalk clean and free of refuse; (3) Failed to maintain any health, business or other permit or license required by law for the operation of the restaurant business; or (4) Failed to uphold the terms of the encroachment agreement. (Code 1985, § 19-24(f))

Charlotte City Code § 19-277 Reservation of rights.

Sec. 19-277. - Reservation of rights. The city reserves the right to cease part or all of any sidewalk dining pursuant to this article in order to allow construction, maintenance, or repair of any street, sidewalk, utility, or public building, by the city, its agents or employees or by any governmental entity or public utility, and to allow for the use of the street or sidewalk in connection with parades, civic festivals, and other events of a temporary nature, as permitted by the city. The city also reserves the right to amend, alter, or change the encroachment agreement upon further review and consideration for reasons of public safety, adopted public policy, or operational concerns without any costs to the city. In such event, the director of the department of transportation will notify the restaurant operator by certified mail of amendments to the agreement. These amendments will require an execution of a new agreement within the time period specified in the notice. Failure to enter into a new encroachment agreement pursuant to this section will result in automatic termination of the agreement. (Code 1985, § 19-24(g))

Charlotte City Code § 19-278 Term and transfer of encroachment agreements.

Sec. 19-278. - Term and transfer of encroachment agreements. (a) Agreements issued in accordance with this article shall remain in effect for a period of one year. If modifications of the original drawing or site plan as required in section 19-273(5) are desired, a new drawing must be submitted and approved by the director of transportation or his designee before another agreement may be approved. (b) Encroachment agreements entered into pursuant to this article shall not be transferable or assignable. (Code 1985, § 19-24(h))

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_ARTIXSIDIFetched: 10/27/2026