§ 156.129  EATING ESTABLISHMENTS.
   (A)   General standards.
      (1)   Eating establishments must meet the criteria as defined in § 156.002.
      (2)   Eating establishments shall contain a food preparation area that is at least 20% of the gross square footage of the principal building, or the unit in which the eating establishment is contained.
      (3)   Eating establishments shall not contain a drive-through window service whereby patrons are served while seated in a motor vehicle.
      (4)   Eating establishments shall not operate as drive-in establishments whereby patrons are served by employees while seated in motor vehicles parked on-premises.
      (5)   No more than 15% of the eating establishment's indoor gross floor area shall be dedicated to accessory entertainment, including but not limited to, dance floor, lounges, bars, stages, live performance and disc-jockey areas. Accessory entertainment uses referenced in this section shall be permitted in a restaurant establishment, provided these uses are clearly subordinate in area, extent, hours of operation, and purpose to areas designated for food and/or beverage preparation, service and consumption.
      (6)   Eating establishments shall comply with the minimum parking requirements established in § 156.094.
   (B)   Planning and permitting requirements. These requirements shall be in addition to any applicable provision of § 156.117.
      (1)   Eating establishments shall require a special use permit in accordance with the standards and procedures specified in § 156.155.
      (2)   Applicants shall provide detailed floor plans of the interior of the eating establishment,  including the kitchen layout, service counters, utility areas, restrooms, pedestrian accessways, and all customer service and seating areas. The same shall be provided for any associated outdoor dining area.
      (3)   All eating establishment applications shall be approved, as applicable, by the Town Fire Marshal, Building Inspector, Director of Community Development and the Dare County Health Department. This shall include any modifications to the floor plan or seat layout of existing indoor or outdoor seating areas.
      (4)   Any increase in the number of seats or the square footage of the eating establishment shall require an amendment to the special use permit.
   (C)   Outdoor dining areas. Eating establishments may contain outdoor dining or seating areas, provided they meet the standards in this section.
      (1)   Covered outdoor dining areas shall not be enclosed with permanent sidewalls and shall not be air conditioned. Any permanently enclosed space shall be considered part of the interior portion of the eating establishment.
      (2)   Parking shall be provided for outdoor dining areas in accordance with the standards in § 156.094. The applicant shall delineate the outdoor dining area on a floor plan, drawn to scale, and shall provide a calculation of the square footage of this area.
      (3)   Outdoor dining areas located in the common space of group developments shall be directly contiguous to the frontage of the unit containing the eating establishment.
      (4)   The location and use of the outdoor dining area shall not obstruct the movement of pedestrians, goods or vehicles, and shall not be located in driveways or parking areas.
      (5)   Outdoor dining areas shall not be located in required front yards and landscape or buffer areas.
      (6)   Adequate solid waste and recycling containers shall be provided and shall be serviced and maintained in a neat and clean manner. Outdoor dining areas shall be kept free of litter, debris and food refuse at all times.
      (7)   Live music and other forms of entertainment conducted in outdoor dining areas shall not occur after 10:00 p.m.
(Ord. 11-08, passed 1-4-2012; Am. Ord. 15-11, passed 9-2-2015; Am. Ord. 21-01, passed 6-2-2021)