Charlotte, NC Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Permit type
- Encroachment agreement, § 19-271
- Clearance required
- 6 ft uptown/NS districts, 5 ft elsewhere
- Seating cap
- 50% of restaurant's indoor seating
- Agreement term
- 1 year, non-transferable
- Furnishing setback
- 10 ft driveways/crosswalks, 15 ft hydrants
Summary
Charlotte lets a restaurant serve food and drinks on the public sidewalk only through an encroachment agreement issued under City Code § 19-271, and only for waiter service with no permanent fixtures, no cover charge and no advertising on the furnishings. Restaurants must also keep the required pedestrian clearance path open under § 19-274.
The director of transportation or his designee may enter into encroachment agreements for the serving of food and beverages on city sidewalks on the following conditions: (1)Dining is for waiter service only;(2)No permanent fixtures, facilities or encroachments are affixed to the sidewalk or installed within the city right-of-way;(3)A cover charge is not charged for sidewalk dining;(4)No business, product, or advertising signing is placed on any encroaching item; and(5)The sidewalk is free from litter, food products and other items.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).
Full Breakdown
A restaurant operator seeking sidewalk dining must sign an encroachment agreement with the city that covers the restaurant's name and contact information, the food and beverages to be served, proposed hours, a scaled site plan showing the dining area and the pedestrian clearance strip, proof of insurance, an indemnity clause, copies of health and ABC permits, and a processing fee, per § 19-273. The city will not issue the agreement unless the sidewalk seating is tied to an operating restaurant sharing the same kitchen and restrooms, stays clearly incidental to the restaurant (seating capacity capped at 50 percent of the restaurant's indoor seating), and leaves at least six feet of clear paved sidewalk in the uptown mixed-use and neighborhood services districts, or five feet everywhere else, under § 19-274.
Furnishings must sit at least ten feet from any driveway or alley, 15 feet from a fire hydrant or standpipe, and ten feet from a crosswalk or corner property line, and tables and chairs must come off the sidewalk daily at closing under § 19-275. The director of transportation can deny or revoke the agreement under § 19-276 for misrepresentation, creating a nuisance or safety hazard, failing to keep the sidewalk clean, losing a required health or business license, or violating the agreement's terms. Agreements run for one year, are not transferable, and the director can reclaim the space at any time, without cost to the city, for street repairs, utility work or events like parades and festivals under §§ 19-277 and 19-278.
Violations & Fines
Operating sidewalk dining without a valid encroachment agreement, or outside its terms, is grounds for the director of transportation to deny or revoke the agreement under § 19-276, including for a dirty sidewalk, a public-nuisance condition, a lapsed health or ABC permit, or a material misrepresentation on the application. The city can also reclaim the sidewalk space at any time under § 19-277 for repairs, utilities or permitted parades and festivals.
Frequently Asked Questions
Do I need a permit to put tables on the sidewalk outside my Charlotte restaurant?
How much sidewalk space can a restaurant use for outdoor dining?
Can the city revoke my sidewalk dining agreement?
Sources & Official References
Other rules in Charlotte
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