# October 13, 2025 Planning Board Packet **Body:** City of Lenoir — Planning Board **Date:** October 13, 2025 5:30 PM EDT (2025-10-13T17:30:00-04:00) **Link:** https://sunshinemeetings.org/event/3521 ## Agenda - [Consideration of June 23, 2025 and August 25, 2025 Minutes](https://sunshinemeetings.org/event/3521/item/31872) - [R 7-25](https://sunshinemeetings.org/event/3521/item/31873) - [ZOA 2-25 Setback Reduction](https://sunshinemeetings.org/event/3521/item/31874) - [Downtown Sidewalk Use Ordinance](https://sunshinemeetings.org/event/3521/item/31875) - [Update on zoning permits issued.](https://sunshinemeetings.org/event/3521/item/31876) - [Documentation of public liability insurance in the amount of $1,000,000 insuring against personal injury, wrongful death, and property damage, including the city as a party insured and insuring the city against any liability resulting from the uses permitted pursuant to this article.](https://sunshinemeetings.org/event/3521/item/31877) - [Copies of all permits and licenses showing required approvals by the county health department and any other applicable regulatory agencies.](https://sunshinemeetings.org/event/3521/item/31878) - [Consent to enter into a hold-harmless agreement with the city.](https://sunshinemeetings.org/event/3521/item/31879) - [The application fee required at the time of application to cover the costs of processing and researching the application, and subsequently issuing the permit once requirements are met.](https://sunshinemeetings.org/event/3521/item/31880) - [Other information deemed necessary by the Planning Director.](https://sunshinemeetings.org/event/3521/item/31881) - [Sidewalk café permits are subject to City Council review and approval. Outdoor displays are subject to review and approval by the Planning Department.](https://sunshinemeetings.org/event/3521/item/31882) - [Both types of sidewalk use permits are subject to initial approval following submittal of a complete application, and re-approval annually in January of the following year. Permit renewal applications must be submitted by January 1 each year to the Planning Department. Once issued, a permit shall be valid from the date of issuance through the subsequent December 31st.](https://sunshinemeetings.org/event/3521/item/31883) - [Permit holders must:](https://sunshinemeetings.org/event/3521/item/31884) - [keep current all licenses and permits required for business operations.](https://sunshinemeetings.org/event/3521/item/31885) - [agree to keep and maintain for the duration of the permit general liability insurance.](https://sunshinemeetings.org/event/3521/item/31886) - [undergo annual site inspections and inspections at any time.](https://sunshinemeetings.org/event/3521/item/31887) - [be liable for all damages repairs to the streetscape, sidewalks, streets, and other amenities that directly relate to the use of the permitted space.](https://sunshinemeetings.org/event/3521/item/31888) - [remove all components of permitted space upon permit non-renewal or termination of the permitted business.](https://sunshinemeetings.org/event/3521/item/31889) - [Sidewalk use permits are non-transferrable.](https://sunshinemeetings.org/event/3521/item/31890) - [Any costs incurred by the City for removal or storage of tables, chairs, and other structures shall be the responsibility of the business. The City is not responsible for any damages or loss of equipment.](https://sunshinemeetings.org/event/3521/item/31891) - [On sidewalks at least twelve (12) feet in width, excluding the curb, the maximum distance that obstruction may be placed from the wall or front of the place of business shall be 36 inches (three feet).](https://sunshinemeetings.org/event/3521/item/31892) - [On sidewalks at least seven (7) feet in width but less than twelve (12) feet in width, excluding the curb, the maximum distance that the obstruction may be placed from the wall or front of the place of business shall be 24 inches (two feet).](https://sunshinemeetings.org/event/3521/item/31893) - [On sidewalks less than seven feet in width, excluding the curb, no obstructions shall be placed on the sidewalks or streets.](https://sunshinemeetings.org/event/3521/item/31894) - [Tables, chairs, and other furnishings shall be placed a minimum of six feet from any vehicular travel lane.](https://sunshinemeetings.org/event/3521/item/31895) - [In accordance with North Carolina Fire Code, no fire exits or lanes may be blocked and must remain clear at all times.](https://sunshinemeetings.org/event/3521/item/31896) - [The placement of obstructions shall not impede any alleyway, driveway, building entrance or exit, sight triangle, emergency entrance or exit, fire hydrant or standpipe, ventilation areas, utility access, or ramps necessary to meet accessibility requirements under the Americans with Disabilities Act (ADA).](https://sunshinemeetings.org/event/3521/item/31897) - [Obstructions shall not impede any public infrastructure or amenities, such as trash receptacles, benches, bicycle racks, utility poles or other similar objects. A three-foot buffer must be established between sidewalk use items and public amenities.](https://sunshinemeetings.org/event/3521/item/31898) - [Public infrastructure and amenities placed by the City of Lenoir, NCDOT, or any other governmental agency are exempt from setback and separation requirements of this subsection, provided that Americans with Disabilities Act and applicable Building Code requirements are duly met.](https://sunshinemeetings.org/event/3521/item/31899) - [Temporary objects placed as part of a permitted special event are exempt, provided that the setback and separation requirement of this section are met.](https://sunshinemeetings.org/event/3521/item/31900) - [All tables, chairs and other items shall be placed so as to not present a sight hazard to vehicular traffic or a hazard to pedestrians. Use of public amenities such as city benches or seats is prohibited. Further, tables and chairs used for sidewalk cafe operation shall be constructed and utilized so as to protect the public safety. Furniture material must be of a commercial grade for outdoor use, sturdy, safe, of quality workmanship, must be consistent and complementary to the business operator's property, and must not be out of character with the business district where the furniture will be located. Non-sturdy furniture and other items shall be removed at the end of the business day. All outdoor dining furniture shall be movable.](https://sunshinemeetings.org/event/3521/item/31901) - [A physical barrier separating the permitted area from the unobstructed contiguous sidewalk, is required for permanent sidewalk cafes, as approved in the permitting process.](https://sunshinemeetings.org/event/3521/item/31902) - [For temporary sidewalk cafes, the tables, chairs, umbrellas, cushions, and other items, excepting planters and sturdy furniture, shall be removed at the end of each day’s operation or during the period of the year when the temporary sidewalk café ceases operation. No materials shall be stored in the public right-of-way and the sidewalk must be restored to its normal condition.](https://sunshinemeetings.org/event/3521/item/31903) - [The business operator shall maintain in a clean and sanitary manner all areas where sidewalk cafes or outdoor displays are present, including maintaining appropriate trash receptacles, sweeping on a daily basis the full rightof-way where displays are located and immediately cleaning and washing any liquid, food, debris, broken glass and other trash from the right-of-way.](https://sunshinemeetings.org/event/3521/item/31904) - [Overnight storage of trash and refuse for the sidewalk cafe shall not be permitted within the outdoor dining area or on adjacent sidewalk areas, and the business operator shall remove all trash and litter as it accumulates.](https://sunshinemeetings.org/event/3521/item/31905) - [The business operator shall agree to cease part or all sidewalk uses in order to allow for construction, maintenance, or repair of any street, sidewalk, utility, or public building, by NCDOT, the city, its agents or employees, or by any other governmental or public entity.](https://sunshinemeetings.org/event/3521/item/31906) - [Notwithstanding any other provisions of this Code, alcoholic beverages may be served in approved sidewalk cafes provided that the following requirements are met:](https://sunshinemeetings.org/event/3521/item/31907) - [The sidewalk cafe shall be part of an eating and/or drinking establishment and shall otherwise be authorized, permitted, or licensed under the state law and City of Lenoir Code to serve and sell alcoholic beverages for on-premises consumption.](https://sunshinemeetings.org/event/3521/item/31908) - [The sidewalk cafe must be included as part of the premises for which an ABC permit is issued pursuant to state law for the purpose of applying and enforcing state laws regarding the sale or consumption of alcoholic beverages, and/or display an official social district participating business sign in a visible location during the times when the social district is active. A customer may not bring an alcoholic beverage into a non-permittee business that does not display the social district sign.](https://sunshinemeetings.org/event/3521/item/31909) - [Signs shall be posted, visible at all exit points from the sidewalk cafe, that it is unlawful to remove alcoholic beverages from the premises, unless sold under social district standards.](https://sunshinemeetings.org/event/3521/item/31910) - [The business shall not have violated any law, regulation, or ordinance relating to the possession, sale, transportation or consumption of intoxicating beverages or controlled substances for the three years preceding the commencement of the sale of alcoholic beverages at the sidewalk cafe.](https://sunshinemeetings.org/event/3521/item/31911) - [No outdoor bar is allowed within the sidewalk cafe, nor shall outdoor preparation of alcoholic beverages be permitted except that wine may be decanted or beer poured at a table.](https://sunshinemeetings.org/event/3521/item/31912) - [Any alcoholic beverages served and consumed at an approved sidewalk cafe must be served and consumed in glasses or cups which bear no markings other than the social district beverage logo or the name of the business operating the sidewalk café.](https://sunshinemeetings.org/event/3521/item/31913) - [At all times the business operator must comply with all other local, state or federal laws, ordinances and regulations, including but not limited to health, safety and welfare rules, laws and regulations.](https://sunshinemeetings.org/event/3521/item/31914) - [Except as permitted by the Planning Director or in conjunction with approved special event permits, it shall be unlawful for any person to obstruct entirely or in part any right-of-way, street or sidewalk of city, by displaying, offering for sale or selling, at auction or otherwise, any goods, wares, or merchandise thereon.](https://sunshinemeetings.org/event/3521/item/31915) - [In those circumstances where the building in which a business is located is contiguous with a public sidewalk, merchants and operators of said business may make limited use of the sidewalk in accordance with items classified as temporary display during business hours. In such circumstances, adjacent sidewalks may be used for decoration, display of wares, and/or a portable A-frame sign advertising the business so long as at least a continuous five-foot width of unobstructed sidewalk is accessible. Businesses are prohibited from attaching displays to buildings or awnings.](https://sunshinemeetings.org/event/3521/item/31916) - [Advertising and/or displaying signage on benches, umbrellas, or other applicable furniture is prohibited.](https://sunshinemeetings.org/event/3521/item/31917) - [Amplified sound equipment and excessive lighting, including but not limited to rapid flashing, moving, and/or excessive brightness, are prohibited. New exterior lighting must be designed to reduce glare or project exclusively onto signage and/or away from the public right-of-way which includes both pedestrian and vehicular traffic areas. Any lighting deemed distracting by the public or by the Planning Director is subject for review.](https://sunshinemeetings.org/event/3521/item/31918) - [It shall be unlawful to place any building material upon any public right-of-way without prior permission from the Planning Director or their designee, and then only under such reasonable restrictions as may be prescribed by them for the public safety. For further rules regarding placement of materials, refer to Page 3 _Setback and separation requirements._](https://sunshinemeetings.org/event/3521/item/31919) - [Tables, chairs, and other furnishings must be constructed predominantly of metal (aluminum, steel, wrought iron, etc.).](https://sunshinemeetings.org/event/3521/item/31920) - [Commercial umbrellas must be made with outdoor fabric and a metal or commercial grade plastic stand. Advertising messages may not be displayed from tables, chairs, umbrellas, or other furnishings. Umbrellas must provide a height clearance of at least 6 1⁄2 feet from the lowest point of their canopy.](https://sunshinemeetings.org/event/3521/item/31921) - [Sidewalk café stanchions/posts constructed of metal (aluminum, steel, wrought iron, etc.), wood (wood must be painted or stained, railings that are steel chain coated with black plastic, heavy duty black plastic chain, heavy duty black rope or black velour rope), or commercial grade planters must be installed to identify the designated sidewalk café area.](https://sunshinemeetings.org/event/3521/item/31922) - [Permit Report 08/15/2025 - 10/1/2025](https://sunshinemeetings.org/event/3521/item/31923) ## Documents - [minutes_2025-10-13.pdf](https://sunshinemeetings.org/event/3521?document=16193) - [agenda_2025-10-13.pdf](https://sunshinemeetings.org/event/3521?document=16191) ## Sources - [CivicClerk](https://lenoirnc.portal.civicclerk.com/#!/events/394)