Clayton City Zoning Code
ARTICLE XXIX
Outdoor Dining
Section 405.3960 Findings and Purpose
A.
The City finds that outdoor dining encourages a pedestrian-oriented environment, helps to create a visually attractive streetscape, and promotes overall commerce. The purpose of this Article is to permit outdoor dining on public and private property in a manner that advances the City's aesthetic, economic and community goals and assures a safe and inviting pedestrian environment.
Section 405.3970 General Requirements
A.
Outdoor dining is permitted yearlong on public and/or private property as an accessory use to a restaurant that has indoor seating.
B.
The hours for outdoor dining shall not be earlier or later than the restaurant's hours of operation as specified in the governing conditional use permit.
C.
The location of all furniture, fixtures and facilities associated with outdoor dining shall be such that a continuous pedestrian access route (PAR) meeting at least the minimum requirements of the Americans with Disabilities Act (ADA) and, when and if issued or revised from time to time by the United States Access Board, Public Rights-of-Way Accessibility Guidelines (PROWAG) shall be maintained at all times.
D.
The permittee, at its own expense and cost, shall keep the outdoor dining area in a neat and clean condition, free from nuisance and filth, and provide for the prompt removal of snow, ice, trash and waste therefrom.
Section 405.3980 Location
A.
If located on a public sidewalk or a private walkway used by the public, an unobstructed pedestrian access route (PAR) must be maintained at all times, in accordance with the following standards:
1.
The PAR is recommended to be a minimum of five (5) feet wide and in any event shall not be less than three (3) feet wide and seven (7) feet tall. Tree grates and similar semi-open surfaces do not count towards the required PAR width.
2.
If/when more-restrictive Public Rights-of-Way Accessibility Guidelines (PROWAG) are adopted or revised from time to time by the United States Access Board, the more-restrictive PROWAG requirements for PARs shall be applicable.
3.
Outdoor dining permittees shall adapt and revise the arrangement of their facilities from time to time as necessary to accommodate the most recent PAR standards.
4.
There shall be no "grandfathering" or non-conforming right to continue previously permitted outdoor dining arrangements insofar as minimum PAR standards are concerned, it being understood that any permit is issued only on an annual basis as hereinafter provided and is subject to mandatory modification to assure compliance with required PAR standards as they evolve from time to time.
5.
Additional sidewalk clearance shall be required where pedestrian traffic or other circumstances warrant.
B.
If located on a public sidewalk, all outdoor dining furniture must maintain the following separations from and access to fixtures in the right-of-way:
1.
Three (3) feet minimum separation from the edge of curb, street trees, streetlights, fire hydrants, Fire Department connections, mailboxes, benches, bicycle racks, and other similar fixtures at all times, and from parking meters when they are in effect.
2.
Five (5) feet minimum separation from the edge of driveways, alleys, and accessibility ramps.
3.
Outdoor dining shall not be located underneath a fire escape, stairwell, or balcony and shall not block established public utility points of access (i.e., manholes, handholes, traffic signal cabinets, etc.).
C.
The outdoor dining area may be located in front of an adjacent property with the written permission of the owner of the adjacent property.
Section 405.3990 Furniture
[Ord. No. 6482 § 1, 6-27-2017]
A.
Only tables, chairs, umbrellas, approved heaters, and pedestrian barriers shall be permitted in the public right-of-way.
B.
Permitted materials for outdoor dining furniture (tables, chairs, umbrellas, pedestrian barriers, trash receptacles, service stations, etc.) are limited to iron (cast or wrought), steel (expanded or wire), aluminum (cast or extruded), metal alloy, wood, or resin. White resin is prohibited. Outdoor dining furniture must be maintained in a good state of repair and cleanliness.
C.
Outdoor dining may be separated from the right-of-way by a minimum thirty-inch-tall pedestrian barrier (railing, fence or planters). Pedestrian barriers must be sturdy and stable, and must have sufficient weight so that they cannot tip or be blown over. Pedestrian barriers shall not be anchored to the public sidewalk and shall be maintained so as not to stain/discolor the sidewalk.
D.
Advertising on umbrellas is permitted, provided the product being advertised is sold by the restaurant. Umbrellas shall not contain logos.
E.
Restaurants without outdoor table service must provide a sufficient number of refuse containers readily accessible to patrons. Refuse containers must be placed no more than 6 inches from the face of the building.
F.
Outdoor heaters must be reviewed and approved by the Fire Department.
G.
Outdoor service stations are prohibited on public property.
H.
Outdoor dining furniture must be stored inside the building when not in use.
I.
Advertising devices shall not be attached to fixtures in the public right-of-way, including but not limited to street trees, streetlights, sign poles, traffic signals, and parking meters.
Section 405.4000 Outdoor Dining Permit
A.
All restaurants having outdoor dining on private and/or public property must apply for and receive an outdoor dining permit prior to starting outdoor dining. The permit is subject to reapplication and renewal on an annual basis.
B.
Applications shall be filed along with the required fees with the Department of Planning. Upon review for compliance with the governing conditional use permit and these standards by the Department of Planning, a permit shall be issued or denied by the Director of the Department of Planning. The Director may defer ruling and refer the application to the Architectural Review Board if the Director believes it would be appropriate to do so. The Director's final action to grant or deny an outdoor dining permit may be appealed to the Architectural Review Board by an aggrieved party by filing a written notice of appeal to the Board with the Department of Planning within fifteen (15) days of the Director's decision. The Board shall review the application independently as if the application was originally filed with the Board.
C.
If any part of outdoor dining is located on public property, the permittee shall provide and maintain, at his/her sole cost, liability insurance satisfying the requirements set out in Section 510.090 of this Code of Ordinances, covering any injury or damage said to be occasioned by or in any way arising from or associated with outdoor dining. The insurance shall name the City of Clayton as an additional insured and must be maintained in full force and effect so long as the permit is outstanding.
D.
Restaurants with outdoor dining permits shall be subject to periodic inspections for compliance with the standards of this Article. Three or more violations of this Article may result in a revocation, suspension and/or non-renewal of an outdoor dining permit.
Section 405.4010 Outdoor Dining Temporary Tents
[Ord. No. 6785, 12-13-2022]
A.
Temporary tents shall be permitted to cover all or part of an outdoor dining area, including public and/or private property, from November through March. Any tent or covering installed for a longer period shall be considered a permanent structure and subject to applicable City regulations.
B.
Temporary tents may be approved or authorized by the City Manager or his/her designee who shall also have the authority to refer an application to the Architectural Review Board for review.
C.
Permitting and Review. Plans for a temporary tent shall be submitted annually for review as part of an outdoor dining permit per Section 405.4000. Plans shall be reviewed by staff from the Planning Division, Building Division, Fire Department, Public Works Department, and other staff as deemed necessary. Plans submitted for review shall include the following information:
1.
A detailed site and floor plan for tents or membrane structures shall be provided with each application for approval. The tent or membrane structure floor plan shall indicate details of the means of egress facilities, seating capacity, arrangement of the seating and location and type of heating and electrical equipment.
2.
The applicant must provide details which clearly illustrate how the structure will be fastened to resist uplift (wind) loads.
3.
The applicant must certify that the tent structure has been designed and constructed to sustain dead loads; loads due to tension or inflation; live loads, including wind, snow or flood and seismic loads as required by other applicable City codes, including, but not limited to, Chapter 205, Fire Protection and Fire Prevention, and Chapter 500, Building Codes and Building Regulations.
4.
The use of any heating or cooking devices under the tent or directly adjacent to the tent must be noted on the site plan. Details of the heating or cooking devices shall be provided to the City for review.
5.
The tent design shall be provided, including materials and colors.
6.
A color photograph of the tent proposed.
7.
Additional information as may be requested by staff.
D.
Regulations. Temporary tents shall be designed and installed in compliance with the following regulations:
1.
The maximum area for an outdoor dining temporary tent or membrane structure shall be 1,600 square feet unless it is located on a college/university campus.
2.
Tents shall be enclosed on a maximum of three sides unless a sufficiently sized mechanical filter air purifier is used within the tent. The purifier must be rated to provide a clean air delivery rate (CADR) that is large enough for the size of the tent.
3.
Fabric portions of tents and canopies must be of a neutral color and may not contain any advertising.
5.
The permit holder shall be responsible for cleaning the area within the tent.
6.
Tents placed in the right-of-way shall also be subject to the following requirements:
a.
In the event of planned or unplanned construction or utility system maintenance, the applicant shall be responsible for relocating the tent to allow for such work to be completed.
b.
Tents shall not connect or attach to City infrastructure (sign poles, light poles, benches, parking meters, etc.) in the right-of-way and shall not impact the use of such items.
7.
Liquid petroleum heating devices shall comply with all safety requirements outlined in the International Fire Code and International Building Codes as adopted by the City of Clayton. Minimum requirements for liquid petroleum heating devices used in conjunction with tent structures are as follows:
a.
Portable gas-fired heating appliances must be listed on the application for a temporary tent.
b.
Outdoor gas-fired heating appliances shall comply with the listed distance requirements from any combustibles.
c.
Heating devices must be located at least five (5) feet from any exit or exit discharge.
d.
The heating element or combustion chamber of portable outdoor gas-fired heating appliances shall be permanently guarded to prevent accidental contact by persons or material.
e.
LP tanks must be secured to prevent accidental force knocking the supply over.
f.
A 2A 10BC (minimum size) fire extinguisher must be located within one hundred (100) feet of the heating device at all times.
g.
No more than fifteen (15) twenty (20) pound tanks shall be stored together on-site.
8.
Tents and membrane structures shall comply with all requirements of the International Fire Code and International Building Code as adopted by the City of Clayton. Additional permitting and review may be required by the Fire Department based on the tent features.
9.
All tents installed for a period longer than thirty (30) days shall be inspected at regular intervals, but not less than two times per permit use period, by the permittee, owner or agent to determine that the installation is maintained in accordance with these regulations. Inspection reports shall be kept on file be the permittee and shall include reports of maintenance, anchors, and fabric inspections. Inspection reports must be provided to the Fire Department or Building Official upon request.