Once again, Raleigh refines outdoor dining rules. Some downtown restaurants lose seats.

The Mexican restaurant Centro, on the corner of Morgan and Wilmington streets in downtown Raleigh, has a small spot for people to eat outside on a church pew and under recently purchased umbrellas.

For owner Angela Salamanca, the amenity wasn't about making more money but about offering people an experience, adding to the "vibrancy of downtown" and letting people know the restaurant was there.

"I really want to praise the city for its efforts with everything they have done in downtown Raleigh," she said. "We have seen it. We've been a part of it."

But, she said, Raleigh's outdoor dining rules aren't aligned with the city's goals of growth and diversity.

Salamanca and a handful of other downtown restaurant owners are frustrated by some new rules approved by the city — not only because they are losing some outdoor seating but because Raleigh is changing its rules so soon after a lengthy and public debate in 2015 and 2016.

"We just bought all of this last year so we could be in compliance with the latest ordinance," Salamanca said. "It's a challenge to start from scratch after we were already approved for a setup. Now we have to have a much smaller setup."

The City Council unanimously passed an update to its outdoor seating rules on May 1 with no debate or discussion.

Salamanca was told her space for five people would be down to four and that the new rules would require purchasing smaller tables, removing the church pew and getting an awning for cover instead of the umbrellas. The changes have become a hassle, Salamanca said, and she's not sure if it's worth the effort to keep outdoor seating.

The owner of Woody's Market took to social media to express his frustrations with the changes, saying "after 16 years one of the most quaint views (in) all of downtown Raleigh to enjoy a beer and a meal will soon disappear."

Woody's originally was told it would lose eight seats, but Raleigh's assistant planning director, Travis Crane, said the business would now only lose four spots.

A majority of the 29 businesses that applied for a permit won't see any changes to the number of people who can dine outdoors, but the configuration and size of the space may change. Four businesses lost some seating, and Raleigh is waiting on a revised application for one other business to see what impact the change might have on it.

A longtime issue

Outdoor dining was a controversial sticking point during the municipal elections in 2015. In looking into concerns about downtown noise, traffic and excessive drinking, the council originally required businesses to rope off outdoor dining areas with stanchions and ropes. That was later changed in 2016 to the medallions in the sidewalks that you can see on city streets now.

The rules approved this year mainly outline where outdoor seating can be located, based on the size of the sidewalk, to prevent a "meandering path" for pedestrians. This means all outdoor seating will be on one side of the sidewalk instead of switching back and forth based on the business. The change also details how close outdoor seating can be to tree grates.

"The sidewalk is for the public and for the public to be able to move safely," council member Kay Crowder said at a meeting this week. "If any area is too small for dining and not allowing the public to move freely and safely, whether in a wheelchair, walking or with a baby stroller, it is our obligation to make sure the pathway is clear for pedestrians. It is part of the city's right-of-way."

The overall goal of accessibility is one the city should keep, but the onus can't just be on businesses to meet that, said council member Nicole Stewart, who serves as the council liaison to the Downtown Raleigh Alliance.

"It's really on council to hear the business concerns, and I do think we should bring it back to the council table and figure out the best way forward to make sure we are all working together," she said.

The downtown alliance is working with the city to determine the impact to businesses, said its CEO, Kris Larson. He added that he's confident there is a middle ground.

"We believe that their intent to improve accessibility comes from a good place, but also recognize that changes may have created some unintended complexity when applied to downtown’s diverse shape and conditions," he said in a statement. "We hope that better understanding the specifics of each condition will provide insight ... that accomplishes accessibility without significant reductions to patio dining."

Anna Johnson; 919-829-4807; @anna_m_johnson

This story was originally published July 6, 2018 at 3:26 PM with the headline "Once again, Raleigh refines outdoor dining rules. Some downtown restaurants lose seats.."