How to Use the Sidewalk to Expand Business Capacity in Downtown

Dozens of you filled out the Town's survey and express your support and interest to allow downtown businesses to operate on the sidewalk. Using the sidewalk in front of your establishment in Downtown Clayton is allowed according to the Town of Clayton's Unified Development Code (UDC) and ABC is temporarily allowing alcoholic beverage service in these areas. Here is a simple how-to if you are considering this for your business:

1. Verify You Are in the Downtown Overlay District

The requirements we are sharing apply to businesses located in the Downtown Overlay District. Not sure if you are within that boundary? View the Downtown Overlay District map (PDF).

2. Ensure Your Plan Adheres to the Downtown Overlay Requirements for Outdoor Dining

• View the Downtown Overlay requirements (PDF) (§155.204(C)(7)(a)).
• View both (PDF) the Outdoor Display and Sales (§155.308(D)(5)) and Outdoor Dining Accessory Use requirements (§155.308(D)(6)).

3. Get a Dimensional Site Drawing for Your Plan

The Town's Zoning Compliance Permit Application will also want a scaled drawing and/or site plan for the proposed outdoor area you wish to use that shows the placement of outdoor materials (for example, tables/chairs) and distances out from the building and street. This does not need to be any sort of professional drawing, just something that paints the picture of placement and distances. A simple example of an approved site plan from a Town of Clayton Zoning Compliance Permit is at the bottom of this list.

4. Apply for a Zoning Compliance Permit

Ready to fill out the Zoning Compliance Permit Application? Download the permit (PDF). Once you have completed it, please email it and all accompanying materials to the Town of Clayton.

5. Do you plan to serve alcohol?

The Town's Planning Department will want to see your ABC Permit if you intend to serve alcohol at your outdoor seating. In accordance with Executive Order 141, NC ABC Commission has temporarily allowed On-Premise ABC permit holders to include additional outdoor seating as part of their licensed premises if approved by the appropriate local government entity. Local law enforcement, your local ALE agent or ABC office should be notified.

If you have any questions, please contact Patrick Pierce or Jenn Gallimore of the Economic Development department. 

If you have any specific questions for our Planning and Permitting Department and/or code regulations, please contact Zoning Administrator Dede Bumgarner.