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Campbell County, KY Special Events & Permits: Sidewalk Dining & Cafés (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Accessory dining cap
10 seats, no entertainment, no permit needed
Conditional use seating cap
70% of total licensed seating capacity
Approving body
Board of Adjustment, § 154.049 procedure
Non-amplified entertainment hours
9:00 a.m. to 10:00 p.m.
Same rule applies in
Rural Commercial zone, § 154.097(D)(8)
Penalty
Class B misdemeanor, each day separate offense

Summary

Restaurants in Campbell County's unincorporated NC Neighborhood Commercial and Rural Commercial zones may add up to ten seats of outdoor dining by right, but any larger patio requires a conditional use permit from the Board of Adjustment. Code § 154.092(C)(7) caps outdoor seating at 70% of total capacity and limits entertainment hours.

These county ordinances apply to unincorporated areas of Campbell County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(7) Outdoor dining (outdoor eating and/or drinking area) with the following minimum requirements: (a) Such area shall be designed to clearly identify the limits of the outdoor dining area. (b) Such area shall not exceed 70% of the maximum seating capacity of the premises. (c) Non-amplified entertainment shall be limited to the hours between 9:00 a.m. and 10:00 p.m. within the outdoor dining areas. (d) Amplified entertainment shall be permitted only on Friday and Saturday between the hours of noon and 10:00 p.m. (e) The operational hours for outdoor entertainment may be varied as a part of this conditional use permit based on the development controls within the approved site plan. (f) Accessory structures associated with the use shall not be permitted to locate within any minimum required front, side, or rear yards, except where a variance has been approved by the Board of Adjustment.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-50: Supplement contains: Local legislation current through Ord. O-09-2026, passed 8-5-26; and Res. R-42-26, passed 7-15-26; and State legislation current through KRS Pamphlet 2025).

Full Breakdown

Campbell County's zoning code treats outdoor eating and drinking areas as two different uses depending on size. 092(B)(4), a restaurant in the NC Neighborhood Commercial zone may operate an outdoor dining area of no more than ten seats with no outdoor entertainment as a permitted accessory use, needing no extra approval. 049. The dining area must be physically delineated so its limits are clear, seating cannot exceed 70% of the restaurant's total licensed capacity, and any accessory structures built for the patio must sit outside the zone's required front, side, and rear yards unless the applicant separately obtains a yard variance.

097(D)(8), so the rule reaches unincorporated commercial parcels on both sides of the county. Both zone sections were last amended by Ord. O-05-20 (April 15, 2020) and Ord. O-12-21 (August 4, 2021). Because the county code only governs the unincorporated area, outdoor dining inside Newport, Alexandria, or any other incorporated city runs on that city's own separate ordinance, not this one. 054 is also required before the Board of Adjustment will act on the conditional-use application.

Violations & Fines

Operating an outdoor dining area beyond the ten-seat accessory allowance without an approved conditional use permit, or exceeding the 70% seating cap once permitted, is a zoning violation under Chapter 154. Under § 154.999, any violation of the zoning chapter is a Class B misdemeanor, with each day the violation continues charged as a separate offense. The Zoning Administrator enforces compliance and can require the applicant to return to the Board of Adjustment for revised conditions.

Frequently Asked Questions

Do I need a permit for a small outdoor patio in Campbell County?
No. Section 154.092(B)(4) lets a restaurant in the NC zone add up to ten outdoor seats with no live entertainment as a permitted accessory use, requiring no separate approval. Once you go beyond ten seats, or want outdoor entertainment, the larger conditional-use standards in § 154.092(C)(7) apply, and you need Board of Adjustment approval.
How much outdoor seating can a restaurant add under the conditional use permit?
The outdoor area cannot exceed 70% of the restaurant's total maximum seating capacity, and the area must be physically designed to clearly mark its limits. The Board of Adjustment reviews this as part of the conditional use application under § 154.092(C)(7)(a) and (b), alongside the site plan required by § 154.054.
Does this outdoor dining rule apply inside Newport or Alexandria?
No. Campbell County's zoning chapter only governs the unincorporated parts of the county. Newport, Alexandria, and the county's other incorporated cities each administer their own zoning code, so a restaurant inside city limits must check that city's outdoor dining rules instead of the county's § 154.092.
Can the outdoor dining hours be changed?
Yes, within limits. Section 154.092(C)(7)(e) lets the Board of Adjustment vary the operational hours for outdoor entertainment as part of the conditional use permit, based on the development controls in the approved site plan, but the base rule still caps non-amplified entertainment at 9 a.m. to 10 p.m.

Sources & Official References

Other rules in Campbell County

All Campbell County rules

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