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Cary approves outdoor rules

Hour limits for seating, music, activities at bars established

Published: Wednesday, March 20, 2013 5:30 a.m. CDT

CARY – Restaurants and taverns that have outdoor-seating permits had rules clarified for their areas Tuesday after the Village Board approved new regulations.

For establishments next to a residential area, outdoor seating will be permitted from 8 a.m. to midnight Fridays and Saturdays, and from 8 a.m. to 11 p.m Sundays through Thursdays.

Establishments not next to a residential area are allowed to have people in their outdoor-seating areas from 8 a.m. to midnight seven days a week.

For establishments next to residential areas, music that is amplified in the outdoor-seating area cannot be audible at the property line. Also, amplified music in the outdoor area shall stop at the same time outdoor seating closes.

Trustee Robert Bragg said he would like these issues addressed under a villagewide noise ordinance.

“I want to help the residents but not penalize the business,” Bragg said.

He also is worried about the wording “audible at the property line.”

“It’s too subjective to me,” Bragg said.

Lighting also has to be shielded from adjacent properties.

Fines for violating the ordinance would range from $75 to $750.

Establishments adjacent to residential areas are allowed to have outdoor activities such as volleyball or basketball, but those activities have to end by 10 p.m. every day, and the lights for those activities have to be turned off.

No alcohol is allowed in the areas where those outdoor activities take place under the updated ordinance.

Some changes aim to put in clear guidelines for establishments adjacent to residential areas, said Chris Stilling, director of Community and Economic Development.

Only two establishments in town have outdoor seating: Coleman’s in the Park and The Tracks.

The outdoor-seating ordinance has been an issue with Coleman’s because there was confusion over whether that ordinance conflicted with the liquor license ordinance. The village has been working on ordinances and agreements to make sure the bar and the residents can co-exist.

Brett Coleman, owner of the bar, said he is trying to make improvements to alleviate concerns.

“I do want to work with the neighbors,” Coleman said.

Residents Helene Browning and Suzi Schoenhoft said during the meeting that noise comes from the bar, such as people yelling and from people playing volleyball.

The residents asked whether there could be limits on the number of days outdoor sports activities took place.

“It’s just getting worse,” Schoenhoft said. “Nothing has improved noise wise.”

Trustee Karen Lukasik said the village is trying to arrive at a resolution.

“We’re trying to work this out and not just ignore it,” Lukasik said. “It’s not an easy solution.

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