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Cary board directs staff to tighten rules for outdoor dining in public right-of-way
Summary
At a March 16 Community of the Whole meeting, Cary trustees asked staff to draft ordinance language requiring maintenance standards and hard surfaces for outdoor dining in public right-of-way, clarifying trash responsibilities and noting façade grant eligibility for some improvements.
The Village of Cary’s Community of the Whole voted March 16 to direct staff to draft stricter code language for outdoor dining in public right-of-way, emphasizing maintenance, safety and clarifying who must provide and remove refuse containers.
Staff overview and recommendation Nick, a village staff member, opened the discussion with slides showing current outdoor dining sites in Cary, including Uncle Jerry’s, Conscious Cup and 750 Rustica, and turned the presentation to Director Simmons. Director Simmons told trustees the recommended changes would add language to strengthen maintenance and upkeep responsibilities, require outdoor dining areas on hard surfaces (asphalt, concrete, brick or permitted parklet decking) and retain administrative-level review of permits with no new fee.
Why it matters Trustees said they want rules that preserve the village’s character and protect pedestrians while avoiding the appearance of targeting individual businesses. Several trustees noted examples where businesses have worked with property owners to convert parking spaces into patios; staff said that remains an option under the proposed approach.
Key concerns from trustees Trustees asked staff whether parklets or decking constructed in parking areas could meet the hard-surface requirement; Director Simmons said decking could be supported as a parklet or patio built in parking areas but constructing a structure in the public right-of-way would require a separate agreement and conditions.
Trustees also questioned maintenance and trash-handling: public works staff said decorative downtown trash bins are collected on a roughly twice-weekly schedule (Monday and Friday) with occasional midweek checks during busy months. Staff said businesses using public right-of-way must provide and remove their own temporary receptacles at the end of each day and use their own trash service so village receptacles are not relied on for commercial refuse.
Grants and cost-sharing Trustees raised whether temporary fencing, parklet materials or similar improvements could qualify for the village’s façade improvement grant. Staff said the grant allows exterior improvements for sales-tax-producing businesses within the TIF district and that façade agreements involve both the tenant and the property owner. Businesses outside the TIF may still have other funds available; staff said eligibility and program limits would be included in the revised language.
Next steps Director Simmons said staff will return with revised ordinance language that bolsters maintenance/upkeep requirements, clarifies permitted surface types and trash responsibilities, and addresses aesthetics and safety details for parklets or fenced seating. The board gave direction and the meeting adjourned at 6:39 p.m.
What wasn’t decided Trustees did not adopt an ordinance or take a final vote on new rules. The discussion produced direction to staff only; any regulatory changes will return to the board for further review and formal action.
