Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 6 – 28 Effective Date: September 01, 2013 Supp. No. 4 CHAPTER 6. ​USE REGULATIONS | Article 6.4. Commercial Uses Sec. 6.4.10. Restaurant/Bar ii. No dance floor. iii. No outdoor seating in excess of 8 seats. 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 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 allowed. b. An eating establishment 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 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. 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 allowed. v. Must be located at least 150 feet from an abutting Residential District (measured in straight line from the nearest point of the building containing the eating establishment to the boundary line of the district boundary line). c. An eating establishment in a CMP District is subject to the following: i. Drive-thru or drive in facilities are not permitted. ii. Must be located at least 150 feet from an abutting Residential District (measured in straight line from the nearest point of the building containing the eating establishment to the boundary line of the district boundary line). D. Food Truck 1. Defined A licensed, motorized vehicle or mobile food unit which is temporarily stored on a premise where food items are sold to the general public. 2. Use Standards a. Food trucks can only be located on a lot containing a principal building or use and the maximum number of food trucks per lot is limited as follows: i. Maximum of 2 food trucks on lots of one-half acre or less; ii. Maximum of 3 food trucks on lots between one-half acre and 1 acre; and iii. Maximum of 4 food trucks on lots greater than 1 acre. b. Food trucks must be located at least 100 feet from the main entrance to any eating establishment or similar food service business, 100 feet from any outdoor dining area and 50 feet from any permitted food vending cart location, as measured from the designated location on the lot accommodating the food truck. In the event that one or more of the aforementioned uses locates within the minimum separation requirement subsequent to food truck location being approved, nothing shall prohibit the property owner from continuing to operate at the approved location until the food truck permit has expired. c. Food trucks must be located at least 5 feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and must not locate within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. Food trucks must be located a minimum distance of 15 feet in all directions of a fire hydrant.

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