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Zoning board recommends Cary text amendment to require hard surfaces for outdoor seating on public property
Summary
The ZPA voted to recommend a text amendment to the Village Board to clarify maintenance responsibilities for outdoor dining on public property and to require outdoor seating on public rights-of-way to be installed on hard surfaces such as asphalt, concrete, brick or wood.
The Village of Cary Zoning, Planning and Appeals board on June 11 voted unanimously to recommend a text amendment to the Village Board that would amend outdoor dining rules for seating placed on public property.
Planning staff member Brian Simmons described two primary changes: requiring permit holders to maintain outdoor dining areas and timely manage refuse on public property, and adding a requirement that seating on public rights-of-way be placed on a hard surface (asphalt, concrete, brick or wood) rather than on grass or loose landscaping. Simmons said the intent is to protect public turf and to clarify maintenance expectations.
Board members pressed staff for clarifications about where the change applies and whether bricked-in landscaped islands would qualify. Simmons said the amendment specifically addresses outdoor seating on public property/right-of-way and that private-property patios remain governed by other UDO sections; a bricked-in patio constructed in the right-of-way would be subject to village approval.
After discussion, the ZPA voted to recommend the text amendment to the Village Board. The board's recommendation will be forwarded for official Village Board action under the UDO amendment process.
